The U.S. Court of Appeals for the D.C. Circuit ruled against Donald Trump’s immunity claim in the federal election interference case.
“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution,” the D.C. Circuit panel wrote Tuesday.
Trump can appeal the three-judge panel’s ruling to the full D.C. Circuit and then to the Supreme Court, which has discretion over whether to take the case.
The case has been paused at the trial court level during the immunity appeal. If Trump wins the presidential election in November — if he’s eligible, which is the subject of a pending high court appeal — he’s all but guaranteed to quash the prosecution, whether by virtue of gaining control over the government that charged him or even a self-pardon. He’s also charged federally in Florida and in state courts in New York and Georgia; he has pleaded not guilty to all charges.
The absurdity of Trump’s immunity claim was well-known before the Jan. 9 panel hearing in Washington, but it was there that the former president’s lawyer effectively conceded that a win for his position would allow presidents to order the murder of their political opponents. The lawyer for special counsel Jack Smith argued that endorsing Trump’s immunity position would lead to a “frightening future.”
This is a developing story. Check back for updates.
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