Trump not immune from prosecution in 2020 election case, federal appeals court rules
Fox News
Former U.S. 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 overturning 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 added: “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.”
TRUMP TRIAL DELAYED IN CASE STEMMING FROM SPECIAL COUNSEL JACK SMITH’S JAN. 6 INVESTIGATION
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.
In the case, Trump claimed both that he had presidential immunity and that the case violated a double jeopardy clause, as he was impeached by the U.S. House of Representatives over his alleged involvement. He was 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.
But, the court rejected these claims in a preliminary decision on Tuesday.
It concluded that “concerns of public policy, especially as illuminated by our history and the structure of our government,” as argued by the prosecution, compel “the rejection of his claim of immunity in this case.”
And, it wrote: “We also have considered his contention that he is entitled to categorical immunity from criminal liability for any assertedly ‘official’ action that he took as President — a contention that is unsupported by precedent, history or the text and structure of the Constitution. Finally, we are unpersuaded by his argument that this prosecution is barred by ‘double jeopardy principles.’ Accordingly, the order of the district court is AFFIRMED,” it wrote.
Fox News contributor Jonathan Turley said the outcome is not particularly surprising to legal experts but that it could impact or expedite the legal schedule for Trump, who continues to seek re-election.
The former president is expected to appeal the decision, putting his case — the first of its kind — before the country’s highest court.
Trump has up to 90 days to appeal the decision to the U.S. Supreme Court.
The trial date carries enormous political ramifications and Trump hopes an eventual decision will be delayed until after the November election.
Should that happen and if Trump defeats President Biden, he could presumably try to use his position as head of the executive branch to dismiss the case. He could also potentially seek a pardon for himself, although such a situation has no precedent.
Last month, the Supreme Court appeared to signal that it preferred to stay out of the process when it rejected a request from special counsel Jack Smith to take up the matter quickly and issue a speedy ruling.
This report is developing and will be updated.