Thus, a panel of three judges ruled that Trump was not protected by “presidential immunity” from prosecution for those riots.
The unanimous decision by the federal appeals court in Washington may still be appealed.
The publication notes that this provides insight into how the court might view Trump’s argument that he is protected by presidential immunity from criminal charges for his attempts to stay in power after the 2020 election.
“When a first-term President decides to seek a second term, his campaign for re-election is not an official act of the President… The office of the President as an institution does not know who will occupy it next,” Chief Justice Sri Srinivasan said.
What preceded
Two U.S. Capitol Police officers and about a dozen Democratic lawmakers sued Trump in 2021, alleging the former president potentially incited the Jan. 6 riot by telling supporters that “the election was stolen” and calling for them to march on the Capitol and ” fight like hell.”
The plaintiffs sued under a law passed about 150 years ago. It prohibits the use of force, threats or intimidation to prevent government officials from performing their duties and allows anyone injured by such actions to recover damages.
The plaintiffs argue that Trump violated a law designed to combat post-Civil War Ku Klux Klan violence by conspiring with members of far-right groups to stop lawmakers from certifying Joe Biden’s presidential victory.
Trump can convince a judge of his “immunity”
The Court of Appeal made it clear that today’s decision was only preliminary. Accordingly, Trump may still be able to present facts before trial to convince the judge that presidential immunity applies to any specific action or statement he makes.
However, it is noted that Trump is not insured in advance from having to defend himself in a lawsuit, as he previously claimed.
The publication also notes that the appeals court’s decision will affect another case in which eight more Capitol Police officers are suing Trump over injuries they suffered during the riot. In this case, the ex-president will likely ask for the case to be heard in the District of Columbia and then in the US Supreme Court.
Storming the Capitol
Let us recall that on January 6, 2021, Trump supporters broke into the Capitol and rioted there, as a result of which 5 people died. This happened as Congress was about to certify the results of the presidential election.
In July of this year, the US Department of Justice brought charges against former President Donald Trump in the case of storming the Capitol.
In November, the court decided to imprison for 5 years a former US State Department employee who participated in the storming of the Capitol.
Legal cases against Trump
More than 90 criminal charges have been brought against Trump in several cases: for paying $130,000 to porn actress Stormy Danielle, undermining the 2020 election and mishandling classified information after he left office, and more.
For more information about why the ex-US President is being tried and whether he will retain his chances at the elections, read the RBC-Ukraine article.
2023-12-01 18:41:50
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