WASHINGTON – A federal appeals court on Tuesday ruled that Donald Trump will not be prosecuted for alleged criminal acts he committed as president in an attempt to overturn the 2020 election in the series of events that led to the Jan. 6 attack on the Capitol. rejected the claim. .
President Trump is almost certain to immediately appeal to the Supreme Court to prevent the trial from proceeding as planned. The Supreme Court could quickly decide whether to hear a case and fast-track a decision. The court gave Trump until February 12 to appeal before lower courts act again.
“President Trump respectfully disagrees with the D.C. Circuit's decision and will appeal to protect the office of his presidency and the Constitution,” campaign spokesman Stephen Chan said in a statement.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit has ruled that there is no basis for the former president to claim blanket immunity from prosecution for anything he did as president. did.
“For the purposes of this criminal proceeding, former President Trump became a Trump citizen with all the defense rights of other criminal defendants. However, the executive privileges that may have protected him during his presidency are now no longer available. does not protect him from prosecution,” the judgment said.
Mr. Trump argued in part that “criminal charges against a former president run the risk of chilling presidential conduct while in office and opening the floodgates to meritless and harassing prosecutions.'' “It seems to be low.” “Instead of barring the president from lawful discretionary action, the prospect of federal criminal liability may serve as a structural benefit to deter potential abuses of power and criminal conduct,” the justices added. .
“If the president, who is given a constitutional duty to see to the faithful execution of the laws, is the only official who can disobey those laws with impunity, then “This would be a striking contradiction,” their decision states.
The case is one of four criminal charges Trump faces even though he remains the front-runner for the Republican presidential nomination.
A key issue is whether a trial can be held before the election. Special Prosecutor Jack Smith had called on the court to act quickly to keep the trial on schedule. A March trial date had already been postponed indefinitely pending resolution of the appeal.
If Trump wins the election, the charges could be dropped or he could be pardoned.
Trump's appeal stems from a four-count indictment in Washington, including charges of conspiracy to defraud the United States and conspiracy to obstruct an official proceeding. He pleaded not guilty.
In December, U.S. District Judge Tanya Chutkan rejected President Trump's motion to dismiss the charges, citing executive privilege and other constitutional grounds. The case is on hold pending the appeals process.
Trump's lawyers cited a 1982 Supreme Court ruling upholding the president's immunity from civil litigation when the underlying conduct concerns actions within the “outskirts” of the president's official responsibilities. He was pointing it out. They acknowledged that the former president could be prosecuted for acts unrelated to his official duties.
President Trump had also argued that any charges would be barred because he had not been initially convicted in impeachment proceedings for similar underlying conduct.
Smith's team argued that there is no broad immunity that protects former presidents from prosecution for criminal acts committed while in office. Smith said in court documents that attempts to “use fraudulent means to prevent the transfer of power” should not be considered official acts. There is nothing in the Constitution to suggest that a president who fails to be impeached cannot be prosecuted, he added.
The appeals court sided with Smith on these issues, saying Trump's stance “would put the president beyond the reach of all three branches and disrupt the separation of powers.”
The ruling stated, “We cannot accept that the Blue House continues to hold former presidents above the law.''
