Trump Dealt Big Loss Over Immunity Claim

Federal panel rejects his argument, and an appeal to the Supreme Court looks likely
By John Johnson,  Newser Staff
Posted Feb 6, 2024 9:40 AM CST
Federal Court Rejects Trump's Claim of Immunity
Former President Donald Trump.   (AP Photo/Susan Walsh)

Bad news for Donald Trump in the courts on Tuesday: A federal court rejected his claim that he's immune from prosecution on charges he tried to overturn the 2020 election, reports the AP. A key quote from the three-judge panel of the US Court of Appeals for the DC Circuit:

  • "For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant," the judges wrote, per the Washington Post. "But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution."
  • Trump is expected to appeal quickly to the the Supreme Court, reports the Hill.

  • The New York Times describes the ruling as a "significant defeat" for Trump and adds context: The ruling "signaled an important moment in American jurisprudence, answering a question that had never been addressed by an appeals court: Can former presidents escape being held accountable by the criminal justice system for things they did while in office?"
  • The ruling affirms one by US District Judge Tanya Chutkan, who wrote that having served as president is not a "get-out-of-jail-free pass." In the new ruling, the panel wrote, per Politico: "We conclude that the interest in criminal accountability, held by both the public and the Executive Branch, outweighs the potential risks of chilling Presidential action and permitting vexatious litigation."
  • Politico sees "the force of Tuesday's unanimous ruling" as a big win for special counsel Jack Smith. "Rather than a splintered decision that could be picked apart more easily, the ruling lays out a groundbreaking legal and political framework for bringing a former president to trial."
  • The panel put the ruling on hold until Feb. 12 to give Trump time to appeal to the Supreme Court. As the Post notes, "even rulings against him aid his goal of delaying any federal trial in DC until after the presidential election." The Supreme Court could freeze the trial proceedings if it agrees to take up the case, per the Times.
(More Donald Trump stories.)

Get breaking news in your inbox.
What you need to know, as soon as we know it.
Sign up
Get the news faster.
Tap to install our app.
X
Install the Newser News app
in two easy steps:
1. Tap in your navigation bar.
2. Tap to Add to Home Screen.

X