In a recent ruling, a three-panel group of judges, consisting of one Trump appointee and two Biden appointees, has rejected former President Trump's claim of immunity from federal prosecution. The decision comes in response to charges of election interference, which Special counsel Jack Smith believes should proceed to trial. Former President Trump's campaign intends to appeal the ruling.
The panel's 57-page decision stated that granting complete immunity to presidents would undermine the separation of powers and place the president beyond the reach of all three branches of government. The judges distinguished between discretionary acts, such as pardons, which they agreed should not be subject to court review, and ministerial or private acts where the president must adhere to congressional laws.