Donald Trump is NOT immune from prosecution, DC Circuit rules

Posted by on February 6, 2024 10:16 am
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Categories: Oligarch Watch µ Newsjones

Meanwhile, in the NY fraud case against Trump, a major plot twist! (businessinsider.com)Plus! In humiliating loss for House Republicans, impeachment of DHS Secretary Mayorkas fails! (axios.com)The ruling is airtight (theatlantic.com)

Posted at 10:15amEDT to NPR:

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit has ruled that Donald Trump does not enjoy broad immunity from federal prosecution, a major legal setback for the former president who almost certainly will appeal.

The ruling comes a month after lawyers for Trump argued made sweeping claims that he enjoyed immunity from federal prosecution, claims that lawyers for the special counsel said would “undermine democracy” and give presidents license to commit crimes while in the White House, such as accepting bribes for directing government contracts or selling nuclear secrets to a foreign adversary.

NY Times:

The panel, composed of two judges appointed by Democrats and one Republican appointee, said in its decision that despite the privileges of the office he once held, Mr. Trump was subject to federal criminal law like any other American.

“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 panel wrote. “But any executive immunity that may have protected him while he served as president no longer protects him against this prosecution.”

The DOJ is going to take note:

The Justice Department has long held that a current president cannot be prosecuted. But Trump raised the novel claim that former presidents cannot either, at least for actions related to their official duties, unless impeached and convicted by Congress first. Having been acquitted by the Senate of inciting the Jan. 6, 2021, insurrection, Trump said that to try him in federal court would be a double jeopardy violation.

Both assertions were viewed skeptically by legal scholars — several who served in Republican administrations wrote to the court that Trump’s position was “absurd” — and by the three appellate judges who heard the case. “I think it’s paradoxical to say that his constitutional duty to take care that the laws be faithfully executed allows him to violate criminal laws,” Karen L. Henderson, the lone Republican on the panel, said during arguments over the case in early January.

Kyle Cheney:


DEVELOPING…

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