Donald Trump, the former US president, has been told by a federal appeals panel that he can face trial over charges of plotting to overturn the 2020 election results.
This is despite his claims of being immune from prosecution. This is the second time in two months that judges have rejected Trump’s immunity arguments, stating he can be prosecuted for actions taken while in office and leading up to January 6, 2021.
The trial was initially set for March but has been delayed with no new date given yet. The timing of the trial could have significant political implications, especially if it is postponed until after the November election.
If Trump were to defeat President Joe Biden, he could potentially use his position to dismiss the federal cases or even seek a pardon for himself.
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Last month, the Supreme Court decided not to get involved in the immunity dispute, rejecting a request from special counsel Jack Smith for a quick ruling. This left the appeals court to make the decision.
The court had to decide if former presidents could be prosecuted for actions taken in the White House related to their official duties. The Supreme Court has said that presidents are safe from being sued for official acts, and Trump’s lawyers have argued that this should also protect them from criminal charges.
They said the things Trump was accused of doing to try to stay in power after he lost the 2020 election to Biden, like pressuring his vice president to not certify the election results, were all part of a president’s official acts.
But Smith’s team said that there is no such protection in the U.S. Constitution or in previous cases and that Trump’s actions weren’t part of his official duties.
U.S. District Judge Tanya Chutkan, who is overseeing the case, didn’t agree with Trump’s arguments in a Dec. 1 opinion. She said being president “does not confer a lifelong ‘get-out-of-jail-free’ pass.”
Trump’s lawyers then appealed to the D.C. appeals court, but Smith asked the Supreme Court to make a decision first, hoping for a quick and final ruling and to keep the March 4 trial date. The high court said no to the request, leaving the matter with the appeals court.
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The case was heard by Judges Florence Pan and J. Michelle Childs, who were chosen by Biden, a Democrat, and Karen LeCraft Henderson, appointed by President George H.W. Bush, a Republican. Last month, these judges questioned Trump’s lawyer, D. John Sauer, about his claims of immunity for the former president.
Sauer said that a president could only be prosecuted if they had first been impeached and convicted by Congress. This is in line with his team’s belief that the Constitution does not allow for the prosecution of ex-presidents who have been impeached but then cleared, like Trump.
Trump is currently facing four criminal cases as he tries to return to the White House this year. He’s accused of keeping classified documents at his Mar-a-Lago estate in Florida, a case set for trial in May. He’s also charged in Georgia with trying to undermine the 2020 election and in New York over payments made to adult film star Stormy Daniels. He denies all charges.
