Federal appeals court rejects Trump’s presidential immunity claim

Feb 06, 2024 at 11:07 AM CST

Karah Rucker (Anchor/Reporter)

A three-judge panel rejected Trump's claims he could not be charged because of presidential immunity, but Trump may appeal the ruling. — Image credit: Reuters

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On Feb. 6, a federal appeals court ruled former President Donald Trump is not immune from prosecution on the basis of “presidential immunity.” Trump has been arguing he can’t be charged for actions related to Jan. 6 since he was still president at the time — an argument the three-judge panel rejected.

“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 U.S. Court of Appeals for the D.C. Circuit said in the ruling. “But any executive immunity that may have protected him while he served as president no longer protects him against this prosecution.”

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This ruling involves Trump’s 2020 federal election interference case. Special counsel Jack Smith is hoping to begin the trial in March, however, Trump has previously suggested he would immediately appeal if the ruling was not in his favor. This would likely leave the case to the Supreme Court to decide on whether Trump can or cannot be charged. The high court has the ability to fast-track the case, however, it could potentially delay the trial.

“IF IMMUNITY IS NOT GRANTED TO A PRESIDENT, EVERY PRESIDENT THAT LEAVES OFFICE WILL BE IMMEDIATELY INDICTED BY THE OPPOSING PARTY,” Trump posted on his social media platform Truth Social ahead of the ruling. “WITHOUT COMPLETE IMMUNITY, A PRESIDENT OF THE UNITED STATES WOULD NOT BE ABLE TO PROPERLY FUNCTION!”

A key issue for the prosecution and Trump’s team is timing as 2024 is an election year and Trump is the leading Republican candidate.

Smith has asked the courts to move quickly to keep the election interference trial on schedule, but the entire case was on pause while the immunity case played out.

Karah Rucker (Anchor/Reporter)

Karah Rucker is the host of Bias Breakdown and a daily news anchor for Straight Arrow News. She examines media bias and breaks down left- and right-leaning narratives with impartial analysis.

Ian Kennedy (Video Editor) contributed to this report.

Tags: 2020 elections, Donald Trump, Jack Smith, Jan. 6, Supreme Court, Truth Social

[KARAH NAME SUPER]

A FEDERAL APPEALS COURT HAS RULED FORMER PRESIDENT DONALD TRUMP IS **NOT IMMUNE FROM PROSECUTION ON THE BASIS OF “PRESIDENTIAL IMMUNITY.”

IT’S BEEN PART OF TRUMP’S DEFENSE –

ARGUING HE CAN’T BE CHARGED FOR ACTIONS RELATED TO JANUARY SIXTH BECAUSE HE WAS STILL PRESIDENT AT THE TIME.

AN ARGUMENT A THREE-JUDGE PANEL HAS REJECTED.

THE U.S. COURT OF APPEALS FOR THE DC CIRCUIT SAID IN THEIR RULING –

“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.”

THIS INVOLVES TRUMP’S 2020 FEDERAL ELECTION CASE –

WHERE SPECIAL COUNSEL JACK SMITH IS HOPING TO BEGIN TRIAL IN MARCH.

BUT TRUMP HAS SUGGESTED BEFORE HE WOULD IMMEDIATELY APPEAL IF THE RULING WAS NOT IN HIS FAVOR –

LIKELY LEAVING IT TO THE SUPREME COURT –

AND POTENTIALLY DELAYING THE TRIAL.

AHEAD OF TODAY’S RULING – TRUMP POSTED ON TRUTH SOCIAL

“If immunity is not granted to a president, every president that leaves office will be immediately indicted by the opposing party. Without complete immunity, a president of the united states would not be able to properly function.”

A KEY ISSUE HERE FOR THE PROSECUTION AND TRUMP’S TEAM –

IS TIMING –

GIVEN IT’S AN ELECTION YEAR AND TRUMP IS THE LEADING REPUBLICAN CANDIDATE.

SPECIAL COUNSEL JACK SMITH HAS ASKED THE COURTS TO MOVE QUICKLY TO KEEP THE TRIAL ON SCHEDULE.

THE ENTIRE CASE HAS BEEN ON PAUSE WHILE THIS IMMUNITY BATTLE PLAYS OUT.

THE HIGH COURT DOES HAVE THE OPTION TO FAST-TRACK THE CASE.

LEAVING IT TO THE SUPREME COURT TO DECIDE ON WHETHER TRUMP CAN OR CANNOT BE CHARGED.

THIS COULD POTENTIALLY DELAY THE CASE.

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