The Federal Court has ruled against Donald Trump’s claim of “presidential immunity.”
Here is the detailed news.
Court rules Trump can be charged over 2020 election
A federal appeals court on Tuesday rejected former U.S. President Donald Trump’s appeal for immunity from prosecution in the Trump 2020 election conspiracy case, ruling that the former president will be tried on the alleged charges in this case.
In August 2023, Justice Department Special Counsel Jack Smith filed an indictment against Trump, alleging that he attempted to change the outcome of the 2020 election in order to overturn his loss to President Joe Biden.
In October 2023, Trump filed a motion to dismiss the case on the grounds of “presidential immunity”, arguing that a president is immune from criminal prosecution for actions committed while carrying out his presidential duties , unless he is first impeached by the House and found guilty by the House. Senate.
The lower court rejected the former president’s appeal, after which he appealed to the United States Court of Appeals for the District of Columbia Circuit. Tuesday’s recent ruling marks the second time judges have rejected Trump’s immunity requests.
A three-judge panel on the D.C. Circuit, including judges Karen LeCraft Henderson, Michelle ChildsAnd Florence stovesaid he upheld the lower court’s decision to deny Trump absolute immunity from criminal prosecution.
The justices wrote in their 57-page ruling: “For purposes of this criminal case, former President Trump became a Trump citizen, with all the defenses of any other criminal defendant. But any executive immunity that might have protected him while he was president no longer protects him from these prosecutions.
The ruling adds: “Presidential immunity from federal indictment would mean that, with respect to the president, Congress could not legislate, the executive could not prosecute, and the judiciary could not review. We cannot accept that the office of the presidency definitively places its former occupants above the law.”
The court also rejected Trump’s claim that he could only be indicted if convicted in Senate impeachment proceedings.
In its earlier ruling in similar cases, the U.S. Supreme Court ruled that presidents have immunity from civil suits for official acts, but Trump’s lawyers argue that “presidential immunity” should also cover criminal proceedings.
However, prosecutors argued that the U.S. Constitution does not provide such immunity and that Trump’s alleged actions were not part of his official duties.
In a statement, Trump campaign spokesman Steven Cheung said Trump “respectfully disagrees with the Washington Circuit’s decision and will appeal to safeguard the presidency and the Constitution.”
“The prosecution of Trump is unconstitutional and threatens the foundation of our Republic,” Cheung added.
The justices also set a deadline for Trump until February 12, 2024, to appeal to the D.C. Circuit to review his decision or appeal to the nation’s highest court to stay the ruling before it takes effect .
Previously, the Supreme Court declined to intervene when Smith asked it to resolve the immunity issue in the case and sent the case back to the appeals court.
Meanwhile, Trump criticized the decision on his Truth Social platform, calling it “so wrong and so dangerous” while posting: “A nation-destroying decision like this cannot be allowed to stand.” »
Trump will likely appeal the latest decision. However, it is unclear whether he will appeal to the D.C. Circuit or the Supreme Court to review the panel’s decision.
The 2020 federal election conspiracy case is one of four criminal charges the former president faces. The trial in this case was originally scheduled for March 2024 but was postponed last week. The new date has not yet been published.
While Smith’s team wants the trial to happen soon this year, Trump’s team has consistently tried to delay it until after the presidential election.
If Trump, the Republican primary frontrunner, wins the 2024 presidential election, he could use his position for legal purposes and appoint a new attorney general to dismiss federal charges against him or pardon himself.
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