Appeals Court Rejects Trump's Immunity Claim, Allowing Criminal Prosecution to Proceed

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ICARO Media Group
Politics
06/02/2024 20h22

In a significant blow to former President Donald Trump, a federal appeals court has unanimously rejected his claim of immunity from criminal prosecution. The court's decision, issued by a three-judge panel at the US Court of Appeals for the DC Circuit, firmly rejected Trump's argument that he cannot be prosecuted for actions taken while he was president. It also dismissed his contention that he could only be prosecuted if convicted in a Senate impeachment trial.

The panel's unsigned opinion emphasized the importance of maintaining checks and balances on executive power. "We cannot accept former President Trump's claim that a President has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power," the opinion stated. It further warned that such a stance would undermine the separation of powers and place the President beyond the reach of the three branches of government.

The panel gave Trump until February 12th to indicate whether he plans to seek a stay of the decision by appealing to the US Supreme Court. If he does appeal, the case will not return to Judge Chutkan until a final decision is issued by the Supreme Court.

The case in question involves allegations that Trump orchestrated efforts to overturn the 2020 election results. He is specifically charged with advancing fake electors and obstructing Congress on January 6th, 2021, the day of the Capitol attack. Last year, Trump's motion to dismiss the federal election interference case was rejected by the trial judge, leading to his subsequent appeal to the DC Circuit.

Trump's attorney, John Sauer, faced tough questioning during oral arguments before the three-judge panel. Judge Florence Pan pointed out that Trump's interpretation of immunity would hypothetically allow presidents to self-pardon, engage in illicit activities, and evade criminal accountability.

The timing of Trump's legal strategy is noteworthy. By seeking delays in his trial date, he hopes to potentially appoint a favorable attorney general if he were to win the 2024 presidential election. Trump's preference is for the trial to occur as close to the election date as possible, as it would give him ammunition to claim political motivations behind the charges.

While the court's decision was not unexpected, it deals a significant blow to Trump's attempts to avoid criminal prosecution. The case is now poised to move forward, with its outcome holding potential implications for the limits of executive power and the accountability of former presidents.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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