The US Court of Appeals in Washington, DC rejected Donald Trump’s claim of immunity from criminal prosecution for attempting to overturn the 2020 election results based on actions he took while serving as president. The three-judge panel unanimously dismissed Trump’s position that he could only be prosecuted if convicted in a Senate impeachment trial first. They rejected his claim that a president has unbounded authority to commit crimes and remain beyond the reach of the law after leaving the presidency, emphasizing that this interpretation would compromise the separation of powers.
Trump’s defeat was largely expected following his lawyer’s defensive stance during oral arguments before the three-judge panel. The panel also questioned whether Trump’s position in 2024 contradicted his stance during his second impeachment trial in 2021. The attempt to dismiss the criminal charges based on presidential immunity grounds was seen as a strategy to potentially delay the trial for months. Trump’s legal strategy of seeking delays is aimed at preventing the trial from occurring until after the 2024 presidential election, allowing him to appoint a loyalist as Attorney General who could drop the charges against him.
The rejection of Trump’s immunity claim is a significant development in the federal election interference case, as it not only paves the way for the resumption of pre-trial proceedings but also exposes his legal strategy to seek delays to avoid prosecution. The three-judge panel’s unanimous opinion emphasizes the importance of holding former presidents accountable for their actions and upholding the rule of law. If Trump appeals the decision, the case will be determined by the US Supreme Court, and the outcome will have far-reaching implications for the future accountability of former presidents.
