This article highlights Donald Trump’s latest attempt to wriggle out of facing criminal charges by arguing that the 2020 election is long over and therefore he can claim “presidential immunity”. However, this approach raises some issues. Firstly, it contradicts the legal arguments he made three years ago when he was trying to challenge the election results. Secondly, it could potentially draw unwanted attention from judges who will be deciding his immunity case. Furthermore, his shifting rhetoric and characterization of himself as either a candidate or a sitting president might lead to confusion and could harm his case. Despite these potential problems, it is not uncommon for litigants to change their stories or legal theories to gain an advantage in court. Overall, while Trump’s strategy might seem desperate and confusing, it is not without precedent and could potentially pay off if the courts buy into his argument.