In a landmark ruling, a US court has determined that former President Donald Trump can be prosecuted for charges of plotting to overturn the 2020 election. The ruling comes as a blow to Trump, who has long claimed presidential immunity in his legal battles. The unanimous decision by the three-judge panel from the US Court of Appeals for the DC Circuit states that a president does not have unbounded authority to commit crimes that would undermine the recognition and implementation of election results. The court emphasizes that Trump, now a private citizen, is subject to the same defenses as any other criminal defendant.
Trump’s claim of immunity was dismissed by the judges, who argued that granting immunity to a president would pose a threat to the balance of power in the US government. They assert that Trump’s alleged efforts to remain in power despite losing the election were an unprecedented assault on the structure of their government. The court emphasizes that the office of the presidency should not place former occupants above the law.
Trump’s campaign spokesman, Steven Cheung, expressed disagreement with the court’s decision and stated that they would appeal it. The case could potentially reach the Supreme Court, where conservatives hold a majority. However, legal experts believe that the Supreme Court may choose not to hear the case due to its weak arguments.
The trial for Trump’s charges of conspiring to overturn Joe Biden’s victory and committing fraud to stay in office was initially scheduled for March 4th but has been postponed pending a ruling on the immunity claim. If the case reaches the Supreme Court, it could cause further delays lasting weeks or even months.
The court’s ruling sends a clear message that Trump’s arguments do not hold up under scrutiny. Legal analysts describe the decision as thorough and well-done, stating that none of Trump’s arguments pass the laugh test. Trump’s lawyers had argued that a president who is not convicted for impeachment cannot be subject to criminal proceedings. However, the court rejects this interpretation, stating that it would allow a president to commit crimes with impunity as long as they are not impeached and convicted.
The Supreme Court now has the choice of putting a hold on the lower court ruling, refusing the request, or resolving the immunity question themselves. If they choose the latter option, a decision could be made by June. However, legal experts predict that the Supreme Court may vote not to hear the case based on the strength of the Court of Appeals’ decision.
Overall, this ruling signifies a significant setback for Trump and his claims of presidential immunity. It establishes an important precedent that no president is above the law and that criminal charges can be brought against them if warranted. The case will continue to be closely followed as it could have far-reaching implications for future presidents and the balance of power in the US government.
