- Written by Sam Cabral
- BBC News, Washington
A spokesman for the former president said he plans to appeal to the Supreme Court.
Donald Trump does not have presidential immunity and could be indicted on charges of plotting to overturn the 2020 election, a US court has ruled.
In the landmark lawsuit, Trump had argued that he was immune from criminal prosecution for actions he claimed fell within his duties as president.
But a unanimous ruling in Washington, D.C., on Tuesday struck down that argument.
This is a setback for Trump, who has long argued for presidential immunity while fighting multiple lawsuits.
“We cannot accept former President Trump’s argument that the president has unlimited power to commit crimes that nullify the most basic checks on executive power: the recognition and implementation of election results,” the three U.S. Court of Appeals judges wrote. I can’t.” The D.C. Circuit wrote an opinion.
It added: “For the purposes of this criminal case, former President Trump has assumed the defense of all other criminal defendants and has become a Trump citizen.”
In a statement shortly after the ruling, Trump campaign spokesman Stephen Chan said the former president “respectfully disagrees with the D.C. Circuit’s decision and intends to appeal.”
The case could end up before the Supreme Court, where conservatives hold a 6-3 majority. Trump has until February 12 to file an appeal.
“If the president is not granted immunity, anyone who leaves office in the future will be immediately prosecuted by the opposition,” Chan said. “Without complete immunity, the President of the United States will not be able to function properly.”
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Several of Mr. Trump’s most vocal defenders said they expected the Supreme Court to overturn the ruling.
New York Rep. Elise Stefanik, a possible running mate if Trump were to become the Republican nominee in this year’s election, said the decision “sets a dangerous precedent and violates the Constitution.” It threatens the very foundations of our country.”
But the three-judge panel said granting presidential immunity would threaten the balance of power in the U.S. government, where three different branches are supposed to act as checks on each other. Ta.
“Former President Trump’s alleged efforts to remain in power despite losing the 2020 election, if proven, represent an unprecedented attack on our nation’s governmental structure,” they said. is writing.
“Former President Trump’s stance would put the President beyond the reach of all three branches of government and disrupt the separation of powers,” a strongly worded section of the document said.
The three judges, two Democratic appointees and one Republican, wrote, “We cannot accept that the Executive Office of the President continues to hold former presidents above the law.”
U.S. Special Counsel Jack Smith has charged Trump, 77, with conspiring to overturn Joe Biden’s victory in the 2020 presidential election and committing fraud to remain in office.
The Supreme Court can choose to suspend the lower court’s decision, refuse to grant such a request, or immediately resolve the immunity issue itself. If they choose the third option, the judge would have until June to make a decision.
However, Neil Katyal, a prominent lawyer who has argued cases before the Supreme Court, predicted on X (formerly Twitter) that the case would not be taken up.
“Mr. Trump’s case is so weak and the Court of Appeals’ decision so thorough and well-written that it’s clear that SCOTUS is voting not to hear it,” he said. wrote.
Legal analysts said the systematic nature of the appellate decision, laid out over 57 pages chock-full of court citations and historical references, sends a clear message.
Former federal prosecutor Patrick Cotter told BBC News: “What the Court of Appeal very politely and dryly said was, ‘Mr Trump, you’re out of step.’ It also doesn’t pass the laugh test.”
Trump’s lawyers’ argument hinged on the idea that a president who has not been impeached and convicted by Congress is not subject to criminal proceedings. They pointed out that Trump was impeached in the House but not convicted in the Senate.
In Tuesday’s ruling, the justices said that under this interpretation, “unless impeached and convicted, the president remains free to commit all manner of crimes with impunity.”
President Trump: “As president, I need immunity”