A federal appeals court on Tuesday rejected Donald Trump’s broad claim that he is immune from prosecution for alleged criminal acts he committed as president in trying to overturn the 2020 election in a chain of events that led to the Jan. 6 attack on the Capitol.
“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution,” the ruling said.
Donald Trump is not immune from prosecution for alleged crimes he committed during his presidency to reverse the 2020 election results, a federal appeals court said Tuesday.
Read the ruling from the three-judge panel here:
Former U.S. President Trump is not immune from prosecution in the 2020 federal election case, a federal appeals court ruled Tuesday.
The U.S. Court of Appeals – D.C. Circuit considered Trump’s claim of presidential immunity from prosecution for his actions in office, including his alleged role in overturning his 2020 election loss, ultimately saying it was “unpersuaded by his argument” and ruled a case against him can proceed.
“We have balanced former President Trump’s asserted interests in executive immunity against the vital public interests that favor allowing this prosecution to proceed,” the court wrote in its ruling Tuesday.
InsiderNJ Legal Analyst Joe Hayden broke down the decision.
“This scholarly, scathing unanimous decision rejects every one of Trump’s arguments as baseless,” said Hayden, a veteran defense attorney.
“I was almost embarrassed for Trump’s lawyers,” he added. “It is very significant that this opinion was returned relatively quickly.”
What will happen?
“The Trump people are trying to run the clock, and they will certainly appeal to the U.S. Supreme Court.”
Because of how substantial the opinion is, the Supreme Court might not take the case, Hayden added.
“This decision not only puts Jack Smith in the ballgame for getting this case tried in the spring, but it gives him a 50-50 chance. …It is a major step but not the final step.”