Appeals Court Rejects Trump's Immunity Claim

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Facts

  • The US Circuit Court of Appeals for the District of Columbia ruled on Tuesday that former Pres. Donald Trump cannot claim broad immunity from prosecution in the cases related to his actions following the 2020 election.1
  • Trump has been seeking immunity in the case brought by Special Counsel Jack Smith on charges of alleged criminal conduct following the election and leading up to the Jan. 6, 2021, Capitol protests. While Trump says that he was acting out his role as executive following the election, shielding him from prosecution, the three-judge panel rejected his claims.2
  • In the 57-page opinion, the panel wrote, “former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” adding that he's not protected from any executive immunity that may have protected him while he served as president.3
  • The question of presidential immunity is largely untested in the American legal system, and Trump will likely appeal Tuesday’s ruling to the Supreme Court, which he has 90 days to do. Last month, SCOTUS rejected Smith’s request to expedite the trial, signaling it wanted to stay out of the process.4
  • Two of the judges who ruled on the case were Pres. Joe Biden appointees while the other was nominated by George H.W. Bush. The panel gave Trump until Feb. 12 to file an emergency stay request with SCOTUS, which would pause proceedings and, if successful, halt the criminal trial until the high court decides what to do with the request.5
  • The frontrunner for the Republican presidential nomination, Trump faces four indictments, which he claims are politically motivated. Both sides are concerned about the date of the trial, with Smith hoping to prosecute Trump before November's election.6

Sources: 1NBC, 2Daily Caller, 3CNBC, 4FOX News, 5CNN and 6PBS NewsHour.

Narratives

  • Anti-Trump narrative, as provided by Newsweek. In yet another crushing blow to Donald Trump, the DC appeals court ruled that the former president’s claim of immunity in his election subversion case is utterly bogus. Trump is desperate to pull out any trick in the book to delay his numerous trials and pardon himself if he somehow wins November’s election. Everyone knows that Trump was not acting out any executive duties while trying to overturn the 2020 election, and he can only hope to stall his inevitable prosecution. Trump will face justice soon enough.
  • Pro-Trump narrative, as provided by PJ Media. While Tuesday’s ruling completely ignores 250 years of protection for former presidents, it's unsurprising given the political bend of the judges. If you go back throughout history, former presidents have been shielded from prosecution, as they should be. However, none of our norms and rules apply to Trump, who continues to be attacked and persecuted by the biased establishment. Hopefully, the Supreme Court puts an end to this charade, allowing the American people to elect their top choice: Trump.