Former President Trump is not immune from prosecution in the 2020 federal election case, a federal appeals court ruled Tuesday.
The U. S. Court of Appeals - D.C. Circuit considered Trump’s claim of presidential immunity from prosecution for his actions in office, including his alleged role in trying to overturn his 2020 election loss, ultimately saying it was "unpersuaded by his argument" and ruled a case against him can proceed.
"We have balanced former President Trump’s asserted interests in executive immunity against the vital public interests that favor allowing this prosecution to proceed," the court wrote in its ruling Tuesday.
It determined, "We conclude that the interest in criminal accountability, held by both the public and the Executive Branch, outweighs the potential risks of chilling Presidential action and permitting vexatious litigation."
The legally untested question before the court is whether former presidents can be prosecuted after they leave office for actions taken in the White House related to their official duties.
Steven Cheung, Trump campaign spokesperson, said in a statement that the case will have far-reaching consequences for Trump and all future presidents.
"If immunity is not granted to a President, every future President who leaves office will be immediately indicted by the opposing party," he said. "Without complete immunity, a President of the United States would not be able to properly function!"
The Trump campaign spokesperson added: "Deranged Jack Smith’s prosecution of President Trump for his Presidential, official acts is unconstitutional under the doctrine of Presidential Immunity and the Separation of Powers. Prosecuting a President for official acts violates the Constitution and threatens the bedrock of our Republic. President Trump respectfully disagrees with the DC Circuit’s decision and will appeal it in order to safeguard the Presidency and the Constitution."
In the case, Trump said he had presidential immunity and that the case violated a double jeopardy clause because he was impeached by the U. S. House of Representatives over his alleged involvement. He was later acquitted after the U.S. Senate did not vote to convict him of the charge.
The two defenses were among four arguments Trump's legal team pursued in arguing the court should reject the case.... (Read more)
Submitted 23 days ago