Former President Donald Trump may face legal trouble as an appeals court ruled unanimously that presidents are not immune from prosecution. The historic decision came from the D.C. Circuit, which thoroughly examined the constitutional text, policy arguments, and the views of the founders. The court rejected the notion that a president, including President Trump and President Biden, has lifetime immunity from federal criminal prosecution.
Legal expert John Yoo, a former U.S. Deputy Assistant Attorney General and law professor at UC Berkeley, describes the opinion as watertight and highlights its comprehensive analysis of the issue. He believes that this decision deals a severe blow to President Trump's efforts and underscores the lack of support for claims of presidential criminal immunity. Yoo suggests that if President Trump wishes to challenge the prosecution for his alleged involvement in the January 6th events, he will need to do so using different legal grounds.
The appellate court's judges emphasized that their decision did not pass judgment on President Trump's guilt or innocence. However, they acknowledged the seriousness of the allegations against him. They stated that the former president's alleged efforts to remain in power despite losing the 2020 election constituted an unprecedented assault on the structure of the government. He was accused of interfering in the counting and certification of Electoral College votes, undermining constitutionally established procedures, and disregarding the will of Congress.
While President Trump's immunity claim has been rejected, he may still attempt to delay his criminal trial by appealing to the Supreme Court. However, legal experts anticipate that the claim will ultimately be rejected by the justices. Once the claim is settled, the criminal trial can proceed. President Trump would then have the same rights and defenses as any American facing trial, including due process, Miranda rights, protections against unreasonable search and seizure, legal counsel, and a jury trial. The federal district court will consider his arguments, and the prosecutor will present evidence pertaining to the charges brought against him.
The decision reinforces the principle that President Trump will be treated no differently than any other citizen in the criminal justice system. The public and a jury will have the opportunity to evaluate the evidence presented in court and make their own judgments regarding his guilt or innocence. This ruling marks a significant moment in the legal fight against President Trump, one that could have long-lasting implications for the relationship between presidential immunity and criminal prosecution.
