After declaring a national emergency on Friday in a desperate attempt to fund a U.S.-Mexico border, President Trump did what any president does after a national crisis: He golfed all weekend at his club in West Palm, Florida (where membership fees start at $250,000 a pop). And if this week’s news is any indication, he’ll have a lot of reason to golf over the coming days.
Sixteen states (for now), including California, New York, and New Jersey, are suing the president over his misuse of the declaration of a national emergency, which would divert several billion dollars to the construction of the wall. But is it even possible to sue a president while he’s still in office? Better yet, can a private citizen, like you or I, sue the president? Turns out, it’s a resounding yes (though it won’t always be that simple).
Is it possible to sue a president while he’s in office?
Yes, sort of. But first, there’s a ton of legal jargon involved (as well as unchartered territory), so let’s provide some context:
For one, a president cannot be sued for things done in a “personal capacity” while he’s in office (this is referred to as absolute immunity). If you do plan to sue the president while he’s in office, you would technically sue the United States, according to Vice. However, you can sue a president for any actions that occurred before that president took office.
Recently, things have gotten even murkier with Trump in office. Many state courts have argued that though Trump is immune from federal lawsuits, he isn’t immune from those on the state level (which explains the case in question).
Putting that aside, in order to sue the president, you’d have to prove legal standing. In other words, you have to show proof that you’ve been harmed or injured by an act of the president. Unfortunately, this is where cases tend to fall apart.
Does this mean *I* can sue the president?
Yes! But it will be a long, winding road ahead. A private citizen can absolutely sue a president for things done prior to their position in office.
In order to sue the president personally in a federal court, you can’t live in the same state as any other plaintiff and your damages would have to exceed $75,000, according to Vice News. Anything less and you’d sue on the state level. To reiterate, the problem becomes that many cases are dismissed and you’d have to prove legal standing.
Has a president ever been sued before?
Yes—many, in fact. Presidents and lawsuits seem to go hand in hand (which is only mildly terrifying).
First, there are two landmark lawsuits which have laid out the groundwork for the president’s immunity.
In 1982, a former Air Force employee attempted to sue former President Richard Nixon for an unlawful firing (an alleged retaliation for giving testimony about costs and difficulties while working on a particular project). The Supreme Court ruled in favor of Nixon, forever solidifying presidential immunity.
Later, in 1997, this immunity was tested during the sexual harassment case by Paula Jones brought against President Bill Clinton. Clinton argued the case would become a “burdensome distraction” to his duties as president. The Supreme Court, however, ruled against him, leading to his impeachment and stipulating that “immunity” isn’t granted to a president for actions taken before his presidency.
How about Trump? Well, in the first few months of his presidency, he was sued 134 times alone—and that number has kept on growing. Here’s a brief list of people and organizations who have sued (or are suing) the president:
Stephanie Clifford (referred to as “Stormy Daniels”)
The state of California (at least 39 times)
The states of Maryland and Washington D.C.
The city of Baltimore
The city of Chicago
The city of Cincinnati
The city of Columbus
The city of San Francisco
Well, what happens next?
If you haven’t figured it out already, it’s tough to sue the president (although not impossible). Most cases are dismissed, or otherwise, delayed infinitely.
It’s also just a big game of unknowns. Given that the circumstances constituting a national emergency are vague, this could only benefit Trump, who’s using the declaration as a last-ditch effort at producing a wall. However, states could very well set a new precedent—if they’re successful in court.
And if you want to personally sue the president, well, you’ll have to have a lot of time and money on your hands and one hell of a case.
For more from Lifehacker, be sure to follow us on Instagram @lifehackerdotcom.