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“We’re going to give our police their power back, and...give them immunity from prosecution, so they’re not prosecuted for doing their job.” That’s what President-elect Donald Trump claimed during a May rally. When asked about Sonya Massey’s killing in July, Trump said, “It depends… I’m talking about people that are much different…I didn’t like it.” So, what’s the truth?
Trump’s supposed line in the sand is “being a bad person” versus “making an innocent mistake.” His website promises a bill to “increase vital liability protections” for cops. But his power falls short with state charges. And despite his plans, Trump didn’t discover the concept of police immunity.
In 1967, the Supreme Court announced a new legal doctrine: qualified immunity. It was a switch-up from Reconstruction-era legislation allowing Black people to sue cops who didn’t protect us from KKK terrorism.
Now, officers can’t be tried for unlawful, even deadly, conduct unless there’s evidence it was unlawful and cops explicitly knew they were violating “clearly established” law – or, what courts decided was illegal in the past. A legal “Catch-22.” And, if victims can climb that steep hill, taxpayers still pay the damages 99.98% of the time.
From qualified immunity and judge and prosecutor bias to tricky use-of-force standards and cops roaming the streets like “supercitizens,” Trump can’t give police any power that they unfortunately already have.