Former President Trump’s campaign announced Tuesday that he will appeal the court’s ruling that he is not immune from criminal prosecution, and the case is likely to go to the Supreme Court.
“Prosecuting the President for his official conduct violates the Constitution and threatens the foundations of our country. President Trump respectfully disagrees with the D.C. Circuit’s decision and is filing an appeal to protect his office and the Constitution. “We will,” Trump campaign spokesman Stephen Chan said in a statement.
Chan echoed a claim Trump himself has made repeatedly in recent weeks, arguing that without full immunity, the president would be subject to prosecution upon leaving office and unable to carry out his duties.
“The deranged Jack Smith’s prosecution of President Trump for his official actions as president is a violation of the Constitution in light of the principles of presidential privilege and separation of powers,” Chan said.
On Tuesday, a three-judge appeals court panel upheld a lower court’s ruling that Mr. Trump is immune from criminal prosecution as a former executive, and on those grounds he is filing a 2020 federal election interference lawsuit. thwarted their efforts.
“For the purposes of this criminal proceeding, former President Trump has assumed the defense of all other criminal defendants and has become a Trump citizen,” the panel of the U.S. Court of Appeals for the District of Columbia Circuit said. Decision on page 57.
“We cannot accept former President Trump’s assertion that the president has unlimited power to commit crimes that nullify the most basic checks on executive power: the recognition and enforcement of election results. “We also cannot accept his clear contention that the administration has the authority to completely violate the right to vote and have one’s vote counted,” the justices wrote in their ruling.
President Trump is facing four felony charges in Washington, D.C. over his efforts to overturn the 2020 election results and remain in power. He faces separate criminal cases in New York, Georgia and Florida.
Tuesday’s ruling effectively gives him until Feb. 12 to appeal to the Supreme Court.
After that date, the D.C. Circuit announced it would send the case back to the trial court unless President Trump asks a judge for emergency relief. In that scenario, court proceedings would remain suspended until the Supreme Court takes action.
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