In a significant legal setback for former President Donald Trump, the D.C. Federal Appeals Court unanimously ruled that he is not immune from prosecution for alleged crimes committed during his presidency. The three federal judges strongly asserted in their decision that, in the context of this criminal case, Trump no longer enjoys executive immunity and is now subject to the defenses available to any other criminal defendant.
Expanding on their ruling, the judges went on to condemn Trump's behavior following the 2020 election as an unprecedented attack on American institutions. They stated that Trump's alleged efforts to overturn the election results, if proven, constituted a serious assault on the structure of the government. By involving himself in the counting and certification of Electoral College votes, Trump undermined constitutionally established procedures and the will of Congress.
Not surprisingly, Trump and his legal team have indicated that they will appeal the decision to the U.S. Supreme Court. Trump took to his social media platform to express his concerns about the absence of immunity for presidents, arguing that without it, every future president leaving office would be immediately indicted by the opposing party. He claimed that a president needs complete immunity in order to effectively carry out their duties.
However, it is worth noting that the Republic has managed to function for over two centuries without this issue becoming a significant concern until Trump's attempts to overturn the election. Despite Trump's appeal, today's unanimous ruling by the three judges on the D.C. Circuit Court of Appeals marks a historic rejection of his claim to absolute immunity from criminal prosecution.
The ruling comes as a response to the charges filed by special counsel Jack Smith, who accused Trump of four federal counts related to his efforts to overturn the 2020 election. Smith's indictment suggests that Trump's actions were fueled by lies and aimed at obstructing a fundamental function of the U.S. government.
As the legal battle continues, the Supreme Court is expected to have the final say. The justices have already planned to hear arguments this week in another case regarding whether Trump's post-election actions disqualify him from appearing on the 2024 ballot. Trump's appeal to the Supreme Court raises constitutional questions, but the timing of their decision is crucial, as any delay may result in the case not being resolved before the November 2024 election.
In anticipation of potential reelection, Trump's campaign argues that if he were to become president again, his attorney general would likely dismiss Smith's criminal cases against him. However, the ultimate fate of these cases remains uncertain as the legal battle continues to unfold.
