Appeals court rejects Trump's immunity after attempts to reverse election defeat

First modification: 02/06/2024 – 19:54

4 min

Can former presidents of the United States be excluded from criminal prosecution? The answer is no, at least according to the ruling of the United States Court of Appeals for the District of Columbia Circuit, issued this Tuesday, February 6.

And the legal situation and avalanche of cases that the controversial former president Donald Trump faces in court is peculiar in the history of the country.

However, in the last few hours, in a 57-page document, a panel of three judges ruled that Trump does not have immunity from trial on conspiracy charges for his attempts to overturn the results of the 2020 election.

Among the actions, the assault on the Capitol by a mob of his followers, on January 6, 2021. One of the many cases that have him on the ropes, just when he is trying to return to the White House.

The court thus rejects the request made by the political leader's defense to protect themselves in this judicial case. The court's arguments? Trump can be tried because The allegations relate to his official responsibilities as president.

The panel noted that granting the former president's request in this case would give presidents “unlimited authority to commit crimes that would neutralize the most fundamental control of the executive branch: the recognition and implementation of electoral results.”

“We cannot accept that the office of the Presidency puts its former occupants above the law forever,” the panel added unanimously.

The appeals court noted that any exemption that might have protected Trump from criminal charges while he served as president “no longer protects him against this prosecution.”

This decision hands a significant defeat to the favorite in the race for the Republican Party candidacy, ahead of next November's presidential elections. However, it is not the first nor the last. This is the second time in recent months that Justice rejects Trump's allegations that he should have immunity from the acts of which he is accused.

What steps follow in Trump's immunity claim?

His legal team is expected to escalate his attempts to challenge the case before the Supreme Court, which must first indicate whether or not to accept the case.

If the highest court moves quickly to hear the proceedings and issue a decision, there remains the possibility of a trial on the electoral charges before the November general election.

But if the judges take their time, it is possible that the trial could be postponed until after the next elections. And if that were to happen and Trump won the Presidency, he would be in a position to ask his Justice Department to dismiss the case or even seek a pardon.

Until now, no former president had been charged in the first power. Although at least a dozen heads of state and former vice presidents, from Richard Nixon to Bill Clinton, had faced impeachment trials or been linked to crimes, none during or after occupying the Oval Office faced criminal justice. Therefore, never before had a former president claimed immunity before the country's courts.

“The ruling threatens the foundations of our Republic”

As expected, Trump's team strongly refuted Tuesday's ruling.

“Without total immunity, a president of the United States could not function properly! (…) The ruling threatens the foundations of our Republic,” said the spokesman for the controversial conservative leader, Steven Cheung, in a statement.

The spokesperson confirmed that the former head of state will appeal the decision. The case will remain on hold until at least Monday, February 12, to give the defense time to appeal to the nation's highest court.

Trump's lawyers insist that former presidents are entitled to broad legal protections and cannot be criminally prosecuted for official actions unless they were first impeached by the House of Representatives and removed from office by the Senate.

During his term, Trump faced two impeachment trials – something in which he also marked a milestone among presidents in the country's history – but he always emerged victorious, in the midst of a Republican majority in the Upper House.

During his current election campaign, the tycoon-turned-politician has repeatedly expressed his claim for immunity and has threatened that, if he returns to the Presidency, his eventual future government could prosecute President Joe Biden, his probable rival in this election. anus.

With Reuters, AP and local media