Judge rejects Trump’s claim of immunity in his federal 2020 election prosecution
WASHINGTON — Donald Trump is not immune from prosecution in his election interference case in Washington, a federal judge ruled Friday, rejecting the Republican's request to derail the case accusing him of conspiring to overturn the 2020 presidential election.
The decision by U.S. District Judge Tanya Chutkan amounts to a sharp rejection of challenges Trump's defense team had raised against the four-count indictment ahead of a trial expected to focus on the Republican's multi-pronged efforts to Democrat Joe Biden won an election to overturn.
Although the judge overruled Trump's widely held view of presidential power, the order could not be the final word in the legal battle. Trump's lawyers, who have denied any wrongdoing, are expected to quickly file an appeal to fight what they say is an unresolved legal issue.
In her ruling, Chutkan said the office of president “does not grant a lifetime get-out-of-jail-free pass.”
“Former presidents enjoy no special conditions regarding their federal criminal liability,” Chutkan wrote. “The defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts committed while in office.”
Chutkan also rejected Trump's claims that the indictment violates the former president's right to free speech. Lawyers for Trump had argued that he was within his First Amendment rights to challenge the outcome of the election and claim it was tainted by fraud, and they accused prosecutors of trying to criminalize political speech and political advocacy.
But Chutkan said, “It is well established that the First Amendment does not protect speech used as a tool for a crime.”
“Defendant is not being prosecuted simply for making false statements… but rather for knowingly making false statements in furtherance of a criminal conspiracy and obstructing the electoral process,” she wrote.
A lawyer for Trump declined to comment Friday evening.
Her ruling comes on the same day the federal appeals court in Washington ruled that lawsuits filed by Democratic lawmakers and police officers accusing Trump of inciting the riot at the U.S. Capitol on Jan. 6, 2021, can move forward.
The appeals court in that case rejected Trump's sweeping claims that presidential immunity shields him from liability, but left the door open for him to continue fighting to prove that his actions were copied from his official capacity as president.
Trump's legal team had argued that the criminal case, which is set to go to trial in March, should be dismissed because the 2024 Republican presidential candidate is shielded from prosecution for actions he took while carrying out his duties as president. They allege that the actions described in the indictment — including pressuring state officials over the conduct of the election — go to the heart of Trump's responsibilities as commander in chief.
The Supreme Court has ruled that presidents are immune from civil liability for actions related to their official duties, but the justices have never grappled with whether that immunity extends to criminal prosecution.
The Justice Department has also ruled that sitting presidents cannot be prosecuted. Trump's lawyers are seeking to guarantee the same protections to a former president for actions taken while in office, claiming that no prosecutor since the dawn of American democracy has had the authority to bring such charges.
“Against the weight of that history, defendant essentially argues that it would be unconstitutional to begin now because no other former presidents have faced criminal charges,” Chutkan wrote. “But while the prosecution of a former president is unprecedented, so are allegations that a president committed the crimes the defendant is accused of.”
Special counsel Jack Smith's team has said there is nothing in the Constitution or court precedent that supports the idea that a former president cannot be prosecuted for criminal conduct committed in the White House.
“The suspect is not above the law. He is subject to the federal criminal laws, as are more than 330 million other Americans, including members of Congress, federal judges, and ordinary citizens,” prosecutors wrote in court filings.
It is one of four criminal cases facing Trump as he tries to win back the White House in 2024.
Smith separately sued Trump in Florida for illegally hoarding classified documents at his Mar-a-Lago estate after he left the White House. Trump is also accused in Georgia of conspiring to overturn his election loss to Biden. And he is being sued in New York for hush-money payments during the 2016 campaign.
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Richer reported from Boston.