The former Tangerine in Chief has been convinced (or always believed) that the president cannot be held to the very laws upheld and enforced by the executive branch he led.
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” —U.S. Presidential Oath of Office
His attorney John D. Sauer argued in court that unless the president is impeached by the U.S. House of Representatives and convicted by the U.S. Senate, a president cannot be held liable for any crimes committed while in office. By this argument, Sauer tacitly confirmed to U.S. Appellate Judge Florence Y. Pan that his client (and in effect any president) has the right to command the military to murder political opponents. He went even further.
“Sauer said the Justice Department could only charge the president for giving such an order if the Senate votes to convict him first. Pan also asked him whether a president could sell pardons or nuclear secrets without being prosecuted. Sauer responded similarly.” —“Four key takeaways from Trump’s presidential immunity hearing”, Washington Post, Jan. 9, 2024
This cannot hold. This appeal must be struck down and hopefully upheld by the Supreme Court (though sooner is better than later with the election clock running).