Donald Trump does not have presidential immunity and can be prosecuted on charges of conspiring to overturn the 2020 elections, a federal court in the United States has ruled.
Trump claimed in the landmark legal case that he was immune from criminal charges for acts that he argued were part of his duties as president.
But the unanimous decision of a jury overturned that claim.
“We cannot accept former President Trump’s assertion that a president has unlimited authority to commit crimes that would nullify the most fundamental control of the executive power – the recognition and implementation of electoral results,” wrote the panel of three judges from the appeals court in their opinion.
“For the purposes of this criminal case, former President Trump has become Citizen Trump, with all the defenses of any other criminal defendant,” it added.
In a statement shortly after the decision, Trump’s campaign spokesperson, Steven Cheung, said the former president “respectfully disagrees with the decision and will appeal.”
In the event of an appeal, the case could end up in the Supreme Court, where conservatives hold a 6-3 majority. Trump has until February 12 to appeal.
“If immunity is not granted to a president, every future president leaving office will be immediately indicted by the opposing party,” Cheung said. “Without total immunity, a president of the United States would not be able to function properly.”
The 57-page decision from the jury panel marks an important moment in American jurisprudence, addressing a question that had never been tackled by an appeals court: can former presidents escape criminal justice for things they did while in office?
The question is new because no former president until Trump had been indicted.
If Trump appeals and the Supreme Court decides to hear the case, a decision may not come until after the presidential elections in November.
However, another case involving Trump and his insistence on remaining active in American politics stands out this week, as the Supreme Court prepares to hear arguments on Thursday about whether the former president can be disqualified from the elections for engaging in an act of insurrection, encouraging his supporters to storm the Capitol on January 6, 2021.
Although Trump appointed three justices to the Supreme Court, the court does not show much willingness to address issues related to the former president’s efforts to tamper with the mechanics of American democracy.
Source: CNN and The New York Times