A federal appeals panel ruled Tuesday that Donald Trump can stand trial on charges of plotting to overturn the 2020 election results, rejecting the former president’s claim that he will not be prosecuted. did.
In this ruling, the judge rejected President Trump’s immunity claim and ruled that he could be prosecuted for actions taken during his stay at the White House and by his mob immediately before January 6, 2021. This is the second time this has happened in recent months. Supporters stormed the U.S. Capitol. But it also sets the stage for additional appeals that could be brought to the U.S. Supreme Court by the former Republican president. The trial was originally scheduled for March, but was postponed last week, and the judge did not immediately set a new date.
The trial date has huge political implications, with leading Republican primary candidates hoping to delay the trial date until after the November election. If Trump wins against President Joe Biden, he could likely use his position as head of the executive branch to order the new attorney general to dismiss the federal case, or even seek a pardon for himself. right.
The appeals court’s decision comes after the Supreme Court last month rejected Special Counsel Jack Smith’s request to take up the matter quickly and issue a speedy decision, saying it would stay away from the case, at least temporarily. This became a central stage in the immunity battle.
A question that has not been legally tested in court was whether former presidents can be prosecuted after leaving office for actions taken inside the White House in connection with their official duties.
The Supreme Court has ruled that presidents are immune from civil liability for official actions, and Trump’s lawyers have argued for months that protections should be extended to criminal prosecution.
They all blamed Trump for his failed attempts to cling to power after losing the 2020 presidential election to Biden, including scolding the vice president to refuse to certify the election results. , said it was within the “periphery” of the policy. official acts of the president.
But Smith’s team said no such immunity exists in the U.S. Constitution or in past cases, and that Trump’s actions were not part of his official duties in any case.
U.S. District Judge Tanya Chutkan, who is handling the case, rejected Trump’s arguments in a Dec. 1 opinion, saying the president’s office “does not provide a lifetime ‘get out of jail free’ pass.” .
Mr. Trump’s lawyers then appealed to the Washington, D.C., Court of Appeals, but Mr. Smith first considered the Supreme Court in hopes of securing a swift and final judgment and meeting his March 4 trial date. requested. The High Court rejected the request and the matter was referred to the Court of Appeal.
The case was filed before Judges Florence Pan and J. Michelle Childs, appointed by Democratic President Joe Biden, and Judge Karen LeCraft Henderson, appointed to the court by Republican President George H.W. was argued in. The justices made clear their skepticism about Trump’s claims in arguments last month, asking tough questions of his lawyers and presenting a series of extreme hypotheticals as a way to test the legal theory of immunity. This includes whether there is a president who ordered Navy SEALs to assassinate him. Political opponents may be prosecuted.
Mr. Trump’s lawyer, D. John Sauer, said, “Yes.” However, that only happens if the president is impeached for the first time and convicted by Congress. This view was consistent with the team’s position that the Constitution does not permit the prosecution of former presidents like Trump, who were impeached but later acquitted.
The incident in Washington is one of four criminal charges President Trump faces this year as he seeks to retake the White House. He faces federal charges in Florida for illegally storing classified documents at his Mar-a-Lago mansion, a lawsuit also filed by Smith and scheduled for trial in May. There is. He has also been charged in state court in Georgia with conspiring to subvert the state’s 2020 election, and in New York in connection with hush money payments to porn actor Stormy Daniels. He denies any wrongdoing.
