Appearing in appeals court against special counsel Jack Smith on Tuesday, Donald Trump argued he was 'presidentially' immune from criminal charges alleging he conspired to subvert the 2020 election.
The stark question was posed to Trump’s attorney John Sauer by Judge Florence Pan: Was a president immune from prosecution for any unlawful act, at all? Could a president order his political rivals to be assassinated by Seal Team 6 as an official act? Could he sell pardons at his pleasure if he saw fit and then face no consequences for his actions?
“He would have to be impeached and convicted first,” Sauer replied,
Well the real answer is because this isn't about Biden and bringing a whataboutism into court would be incredibly unprofessional of a judge. That's something one of Trump's idiot appointees would say and we would all be wondering how the case isn't being thrown out for unprofessional commentary
Whataboutism is shifting focus away from something person A did, by bringing some action by person B into it when it doesn't belong.
Asking how a legal theory would apply in some other context, to highlight the absurdity of what the lawyer is saying because the answer would be absurd, is a very different thing.
I can see maybe saying it without the word "Biden" but focusing it on Trump would be better, yeah. E.g. asking if some other president would be allowed to murder his political rivals (specifically including Trump), without opening to door to complications. Obviously the answer is that Trump thinks he should have a special set of rules that don't apply to anyone else, but the closer you can get to forcing his lawyer to explain out loud that that's what they're asking for seems like it'd be a good thing.