Constitutional Lawyer And Trump Defender David Rivkin Passes Away

Constitutional lawyer and staunch ally of President-elect Donald Trump David Rivkin has passed away. 

Rivkin, an immigrant from Soviet Russia who pridefully championed the US Constitution for preserving individual rights and freedoms, served at the Justice Department and the White House Counsel’s Office during the Reagan and George H.W. Bush Administrations. 

President Trump characterized Rivkin as “a great lawyer, scholar, and defender of mine.”

“Our hearts and prayers are with his incredible wife, Diana, and family,” continued Trump. “He will be greatly missed!”

Rivkin had defended Trump during his various legal trials, most recently penning a legal opinion rejecting Special counsel Jack Smith’s re-submission of charges against Trump after the Supreme Court ruled in favor of Presidential criminal immunity. 

Writing for the majority, Chief Justice John Roberts argued President Trump has criminal immunity for his "official" acts as president. 

Smith later circumvented the court by charging Trump, in his personal capacity, for allegedly committing conspiracy to defraud the US by attempting to reverse election results in Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin.

Rivkin rejected Smith’s arguments, arguing that they erroneously focus on Trump’s motives when presidential immunity questions ignore presidential actions’ motives and instead focus on whether the actions were official or private. 

“(Smith’s) focus on Mr. Trump’s motive is a critical legal error,” wrote Rivkin. “The Trump decision reiterated Fitzgerald’s holding that in distinguishing between official and private acts, “courts may not inquire into the President’s motives.”

Rivkin also opposed Trump’s conviction on 34-felony counts by a New York court earlier this year.

In this case, Rivkin claimed prosecutors made a series of procedural errors when applying state and federal law that invalidated the conviction. 

Trump attorneys had argued the Supreme Court’s presidential immunity decision should overturn the conviction. 

However, New York Supreme Court Judge Juan Merchan recently rejected such arguments, ruling instead that Trump’s immunity protections are inapplicable for the case. 

The credibility of Merchan has been routinely questioned by conservatives.

According to a letter penned by US Senators Rick Scott (R-FL), Rand Paul (R-KY),  and 27 others, Merchan previously donated to Democrat candidates.

Merchan reportedly donated to Democrat causes, including to Trump’s main political opponent, President Joe Biden.