Federal judge denies Trump’s claim of presidential immunity in Special Counsel Jack Smith’s Jan. 6 case

A federal judge in Washington, D.C., ruled Friday rejecting former President Trump’s claim of presidential immunity and denying his request to dismiss the Jan. 6 lawsuit.

U.S. District Judge Tanya Chutkan of the District of Columbia ruled against President Trump’s argument that the Constitution gives him “absolute immunity from criminal prosecution for acts committed within the ‘periphery’ of public responsibility.” In response, the former president wrote that he had no such right. “A lifetime ‘get out of jail free’ pass.”

“There are no special conditions for federal criminal liability for former presidents. Defendants may be subject to federal investigation, indictment, prosecution, conviction, and punishment for criminal acts committed while in office,” Chutkan wrote in the opinion. “There is,” he said.

In response to President Trump’s First Amendment claims, Chutkan wrote that the Constitution does not protect speech used “as an instrument of a crime.”

President Trump is not immune from civil lawsuits related to January. 6, Federal Court of Appeals Rules

Former President Donald Trump waves to the crowd on the field during halftime of the Palmetto Bowl game between Clemson and South Carolina at Williams-Brice Stadium on November 25, 2023 in Columbia, South Carolina. (Sean Rayford/Getty Images)

Trump will be charged with a crime Conspiracy to deceive the United Statesconspiracy to obstruct an official proceeding, obstructing and attempting to obstruct an official proceeding, and conspiracy against rights.

Earlier Friday, a federal appeals court ruled that President Trump is not immune from civil lawsuits stemming from the events of January 6, 2021.

In response to the ruling, Trump campaign spokesperson Stephen Chan issued the following statement to Fox News Digital:

“Radical Democrats, under the leadership of crooked Joe Biden, continue to attempt to destroy rock-solid constitutional principles and threaten future presidential administrations and our entire nation in a desperate effort to interfere in the 2024 presidential election. “We are setting a paralyzing and dangerous precedent. The corrupt left will fail and President Trump will continue to fight for America and the American people, including by challenging these unjust decisions in the high court.” Mr. Chan said.

The Biden Justice Department said President Trump could be sued by police and Democrats in January. 6 riot

Courtroom sketch depicts former President Donald Trump's legal representatives in court

A courtroom sketch depicts former President Donald Trump’s legal representatives appearing before U.S. District Judge Tanya Chutkan on Friday, August 11, 2023 in Washington, DC. (William J. Hennessy Jr.)

Chief Justice Shri Srinivasan of the U.S. Court of Appeals for the District of Columbia Circuit said in the court’s opinion that Trump does not qualify for immunity.


President Trump gives a speech

HOUSTON, TEXAS – NOVEMBER 2: Republican presidential candidate and former President Donald Trump speaks during a campaign rally at Trendsetter Engineering Inc. on November 2, 2023 in Houston, Texas. Former President Trump’s visit to Houston will be his second visit to Texas since the beginning of this year. The visit comes after his sons Don Jr. and Eric testified today in a civil fraud trial in New York. President Trump may be forced to sell real estate after a judge rules that he committed years of fraud while building his real estate empire. (Photo by Brandon Bell/Getty Images) (Brandon Bell/Getty Images)

“The district court largely rejected his immunity claims, and President Trump is now appealing. The only question before us is whether President Trump The question is whether the right to immunity through public acts has been proven. January 6th “As alleged in the complaint,” Srinivasan wrote, “at least under the current status of the litigation, our answer is no.”

FOX News’ Greg Norman contributed to this report.



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