Can former presidents be criminally liable for "threats" to sitting presidents?

If there are no consequences, the answer is yes

For many years now, former President Trump has done things that no one else could possibly get away with—and would never even have tried.

On March 28, he posted a video on Truth Social depicting a pickup truck decorated with “Trump 2024” and a decal on the tailgate showing a life-sized photoshopped image of President Joe Biden hogtied.

Since this post, some commentators have suggested that the video constitutes a threat against Biden and that Trump should accordingly face the consequences. For example, former federal prosecutor Andrew Weissman posted on X (the platform formerly known as Twitter): “Trump is out on bail in 4 criminal cases. He posted a photo of the president bound, gagged, and shot. Threatening a president is a federal crime and also a violation of bail release conditions. Time for courts to act.” Although Weissman’s recounting of the post was slightly off (Biden is neither gagged nor shot in the video), his underlying point remains true—law enforcement should do something. It’s not a joke.

In truth, the anticipated nominee for the GOP presidential ticket should be held to a higher—not lower—standard of conduct than the rest of us. If he wins, he will seize levers of power that surpass those of nearly anyone else on the planet.

But we all know what will happen in response to his post . . . nothing.

Nonetheless, it’s worth asking: as a matter of law, did Trump’s post go beyond poor humor and very bad taste and cross a legal boundary? Let’s discuss…

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