A federal appeals court in Washington, D.C., has ruled that presidential immunity does not bar former President Donald Trump from prosecution over allegations he interfered in an official government proceeding on January 6th, 2021. The three-judge panel, which last month heard arguments as to whether the former President’s efforts to prevent the certification of the 2020 election were covered under ‘Official Acts,’ rejected the claim and ordered the prosecution to proceed.
“We have balanced former President Trump’s asserted interests in executive immunity against the vital public interests that favor allowing this prosecution to proceed. We conclude that ‘[c]oncerns of public policy, especially as illuminated by our history and the structure of our government’ compel the rejection of his claim of immunity in this case,” the judges wrote in their opinion, adding: “We also have considered his contention that he is entitled to categorical immunity from criminal liability for any assertedly “official” action that he took as President — a contention that is unsupported by precedent, history or the text and structure of the Constitution.”
In response to the ruling, the Trump presidential campaign released a statement warning of the repercussions should presidential immunity be eroded. “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,” Trump spokesman Steven Cheung said before continuing: “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.”
He added, “President Trump respectfully disagrees with the D.C. Circuit’s decision and will appeal it to safeguard the Presidency and the Constitution. ”
Biden Department of Justice special prosecutor Jack Smith’s Washington, D.C. case against Trump had been placed on hold while the court considered the immunity claim. Trump has until February 12th to either appeal the decision to the United States Supreme Court or ask the U.S. Court of Appeals for the D.C. Circuit to grant his claim an en banc rehearing before the full D.C. Circuit.