Trump’s immunity claim rejected, Supreme Court showdown next
Despite his lawyers arguing to the contrary, an American president is apparently not empowered to order the U.S. military to assassinate political rivals or break other laws as they see fit, a three-judge panel told former President Donald Trump.
Claims made by Trump and his legal teams that an ex-president is empowered with an extraordinary sort of legal “presidential immunity” were unanimously rebuffed by the panel of judges from the U.S. Circuit Court of Appeals for the District of Columbia.
“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 court wrote Tuesday. “But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.”
Trump’s claim of immunity comes as his inaction on Jan. 6, 2021 — while a violent mob stormed the U.S. Capitol and for the first time in U.S. history interrupted the peaceful transfer of power between presidential administrations — is under scrutiny by a court in Washington D.C.
A trial to weigh the evidence presented alongside a four-count indictment against the former president, detailing a months-long plot to lie about the 2020 election results and defraud the government he was then leading, had been set for early March. It was postponed while Trump’s legal team attempted to sell the 45th president’s unique view of executive power after the lower court judge rejected his claims of immunity.
Trump’s attorneys even suggested at appeal that if the commander-in-chief were to order SEAL Team 6 to kill a political rival, they would still be immune from prosecution, provided they were not impeached for the assassination.
The court was of the opposite opinion. Trump’s claims, they determined, would mean no law by Congress or ruling by the courts could restrict a president’s actions.
“We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter,” they wrote.
Trump’s legal team was given a week to offer their appeal. His campaign team says this must be done in order to protect the Constitution.
“If immunity is not granted to a President, every future President who leaves office will be immediately indicted by the opposing party. Without complete immunity, a President of the United States would not be able to properly function! Deranged Jack Smith’s prosecution of President Trump for his Presidential, official acts is unconstitutional under the doctrine of Presidential Immunity and the Separation of Powers,” Trump spokesperson Steven Cheung said.
Trump took to his Truth Social media platform shortly after the ruling was issued, clearly not pleased with the results.
“Without Presidential Immunity, the Presidency will lose its power and prestige, and under some Leaders, have no power at all,” he wrote. “The Presidency will be consumed by the other Branches of Government. THAT IS NOT WHAT OUR FOUNDERS WANTED.”