A federal appeals panel unanimously rejected former President Donald Trump’s immunity claims on Tuesday — ruling he can stand trial on charges he illegally plotted to overturn the 2020 presidential election.
In a 57-page decision, the three judges
in DC’s US Circuit Court of Appeals concluded that Trump, 77, does not enjoy complete immunity from prosecution.
“We cannot accept former President Trump’s claim that the President has unlimited power to commit crimes that would neutralize the most basic check on executive power — the recognition and implementation of election results,” the court wrote.
Trump’s legal team has presented two main arguments to the court; first, the former president is immune from prosecution because his 2020 election machinations are related to his official duties
The justices rejected the claim, finding: “Properly understood, the separation of powers doctrine can prohibit legitimate discretionary actions but does not preclude federal criminal prosecution of former Presidents for every official act.”
“Legislators and judges are absolutely immune from civil suit for any official conduct, and legislators have express constitutional immunity from criminal prosecution arising out of [constitutional] Speech or Debate Clause,” they added. “However, legislators and judges may be prosecuted criminally under generally applicable law for their official acts consistent with the doctrine of separation of powers.”
Former President Donald Trump does not have immunity in the 2020 election meddling case, an appeals court has ruled. AP
“Trump’s alleged effort to stay in power despite losing the 2020 election is, if proven, an unprecedented attack on the structure of our government,” the judge continued. “He allegedly injected himself into a process in which the President had no role.”
The second argument argues that Trump’s impeachment by the House of Representatives following the January 6, 2021 Capitol riots means that the current prosecution led by special counsel Jack Smith amounts to double jeopardy.
The justices again rejected that argument, finding that “Trump’s position would undermine our system of separated powers by placing the President beyond the reach of all three Branches.
“Presidential immunity from federal indictment means that, for the President, Congress cannot legislate, the Executive cannot prosecute and the Judiciary cannot review.”
“Former President Trump’s reliance on the Double Jeopardy Clause is misplaced. Prosecution is not a criminal process and cannot result in criminal punishment,” the panel said.
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“[Trump] does not seriously argue otherwise, and he does not explain why he believes that a prosecution can engage the ‘principle of double jeopardy’ when it does not involve criminal punishment.”
D.C. federal judge Tanya Chutkan, who oversaw Smith’s case against Trump, previously rejected the former president’s immunity argument in December, sparking an appeal.
Chutkan put proceedings in the case on hold last year and delayed the start date of the trial scheduled for March 4 last week due to the appeal.
Separately, Trump’s legal team is also trying to mount a presidential immunity defense in his 13-count indictment alleging tampering in the 2020 election from Fulton County, Ga.
“If immunity is not granted to the President, every would-be President who leaves office will immediately be impeached by the opposing party,” Trump campaign spokesman Steven Cheung said in a statement after the decision.
“Suing the President for official action violates the Constitution and threatens the foundation of our Republic. President Trump respectfully disagrees with the DC Circuit’s decision and will appeal to it to protect the President and the Constitution.”
Trump then went even further in a melodramatic post on Truth Socail.
“A President of the United States must have Full Immunity to function properly and do what needs to be done for the good of our Nation,” he wrote. “Rules that destroy the country like this cannot be allowed. If not overturned, as it should be, this decision will injure not only the President, but the Life, Breath, and Success of our Nation.”
“A President will be afraid to act for fear of Brutal Reprisals from the opposite Party after leaving Office,” he added. “It will be a Political Weapon used to Interfere with Elections.”
The former president has until Monday to ask for a stay while the case is appealed to either the Supreme Court or the full D.C. circuit.
Prosecutors are concerned that Trump’s legal team is seeking to delay the trial’s start date until after the Nov. 5 general election.
During oral arguments last month, panelists expressed deep skepticism about the immunity argument, with Judge Florence Pan, a Biden appointee, grilling Trump’s legal team about the extent of the claim.
“Can a president who orders SEAL Team 6 to kill a political rival (and) not be charged, will he face criminal charges?” he asked at one point.
“If he’s indicted and convicted first,” Trump’s lawyer John Sauer replied as Trump himself looked on.
“So your answer is no,” said Pan, to which Sauer replied: “My answer is a qualified yes.”
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Source: thtrangdai.edu.vn/en/
