Appeals court DENIES Donald Trump’s claim he is immune from prosecution in the federal election interference case
- A three-judge panel of the appeals court issued its ruling on Tuesday
- They said immunity no longer protects Trump from this prosecution
An appeals court ruled Tuesday that former President Donald Trump does not have immunity in a case related to the 2020 presidential election.
“Any executive branch immunity that may have protected him while he was president no longer protects him from this prosecution,” the three-judge panel ruled unanimously, in a blow to prosecutor Jack Smith.
In his case, Trump is accused of using false claims of voter fraud to pressure lawmakers, Justice Department officials and then-Vice President Mike Pence to prevent the certification of Joe Biden’s election victory.
It is the second time in as many months that judges have rejected Trump’s argument that he is immune from prosecution for actions he took while in office and leading up to the Jan. 6, 2021, attack on the U.S. Capitol.
The former president’s lawyers argue he has sweeping legal protections unless he is impeached by Congress and removed from office.
An appeals court ruled on Tuesday that former President Donald Trump does not have immunity in a case related to the 2020 presidential election. He is seen here on January 6, 2021. Pictured giving a speech shortly before his supporters attacked the US Capitol
Trump can still take his claim to the Supreme Court.
It is one of four criminal cases filed last year against the 2024 Republican frontrunner.
The trial was originally scheduled for March. It was postponed last week and the judge has yet to set a new date as legal arguments arise.
At issue is the previously unresolved question of whether former presidents can be prosecuted after they leave office for actions they took in connection with official duties.
The Supreme Court has previously decided that they are protected from civil suits. Trump and his lawyers emphasize that this also applies to criminal actions.
“ALL PRESIDENTS MUST HAVE COMPLETE AND TOTAL PRESIDENTIAL IMMUNITY, OR OTHERWISE THE AUTHORITY AND DECISION-MAKING OF A PRESIDENT OF THE UNITED STATES WILL BE STRIPPED AND FOREVER AWAY,” Trump wrote in all caps on Truth Social last month.
Special Counsel Smith instead argues that no such constitutional protection exists.