E-Paper
Big blow to Trump: US court denies ex-president's immunity claim in 2020 election interference case
The US Court of Appeals has ruled that Donald Trump is not immune from prosecution and can be charged with conspiring to rig the 2020 election.
The US Court of Appeals has ruled that former US President Donald Trump is not immune from prosecution and can be charged with conspiring to rig the 2020 election.
In the landmark legal case, Trump has argued that he was immune from prosecution for actions he believed were within the scope of his presidential authority. However, that claim was rejected by a three-judge panel on Tuesday.
"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 in their 57-page ruling, stating that “Former President Trump lacked any lawful discretionary authority to defy federal criminal law and he is answerable in court for his conduct.”
"We reject all three potential bases for immunity both as a categorical defense to federal criminal prosecutions of former Presidents and as applied to this case in particular," they said.
The decision comes as a major setback for Trump who has been claiming presidential immunity while fighting several cases.
Also Read: Donald Trump calls for 'total immunity' even if presidents' actions 'cross the line'
What's next for Donald Trump?
Trump (77) is anticipated to file an appeal against the decision, which means the case may land to the Supreme Court, where conservatives hold a 6-3 majority.
Trump is accused by US Special Counsel Jack Smith of committing fraud to maintain his position of power and of plotting to thwart Joe Biden's triumph in the 2020 election.
The trial in that case was originally set for 4 March, but it was postponed while the immunity claim was decided. If the matter is heard by the Supreme Court, it can be postponed for several weeks or even months.
The former president, who was present at the hearing on January 9, strongly rejected any wrongdoing and described the accusations of election meddling as "a persecution of a political opponent."
“A president of the United States must have full immunity, without which it would be impossible for him/her to properly function. Any mistake, even if well intended, would be met with almost certain indictment by the opposing party at term end,” the ex-US President reiterated the same on his social media platform Truth Social.
“Even events that ‘cross the line’ must fall under total immunity,” Trump said, asserting that otherwise there will be “years of trauma trying to determine good from bad.”
Also Read: US prosecutors urge court to reject Trump's immunity claim in 2020 polls case
US SC dismisses Jack Smith's appeal to fast-track Trump's immunity case
Earlier in December, the Supreme Court rejected special counsel Jack Smith's request to consider Trump's claims of immunity immediately, declining to grant a writ of certiorari before judgment, which would have allowed a federal appeals court to hear the case first, as requested by Trump's legal team. Following this, the case was taken up by the federal appeals court.
Smith had requested a swift ruling from the apex court on the matter, which might be a historic one that establishes for the first time in American history, whether a former president of the United States can be held accountable for actions taken while in office.
The Republican frontrunner is campaigning for a White House comeback in November, while battling 91 criminal allegations in four different cases, including allegedly trying to overturn his 2020 election loss and hiding top secret documents at his golf properties.
