Donald Trump is not immune from prosecution in his election interference case in Washington, a federal judge has ruled, rejecting the Republican’s attempt to derail the case, accusing him of plotting to overthrow the 2020 presidential election.
Key points:
- A judge ruled that there was no legal basis to conclude that U.S. presidents cannot face criminal charges once they are no longer in office.
- The ruling is the first by a U.S. court to affirm that presidents can be charged with crimes like any other citizen.
- Mr Trump’s defense team has argued that the immunity enjoyed by US presidents from civil suits should extend to criminal charges.
In Washington on Friday, U.S. District Judge Tanya Chutkan ruled that there was no legal basis to conclude that U.S. presidents could not face criminal charges once they are no longer in office.
Mr. Trump, the frontrunner for the Republican nomination in the 2024 presidential election, can immediately appeal the decision, which could delay the trial while an appeals court and potentially the Supreme Court consider the issue. The trial is currently scheduled to begin in March.
The case is one of several civil and criminal challenges Mr. Trump faces as the 2024 presidential election approaches.
Judge Chutkan’s ruling brings Mr. Trump closer to facing a jury over accusations that he conspired to interfere with vote counting and obstruct Congress’ certification of his election defeat to Democrat Joe Biden.
Mr. Trump has pleaded not guilty and accused prosecutors of trying to damage his campaign. The case is one of four criminal charges Mr. Trump faces as he seeks to retake the White House.
Mr. Trump has other legal motions pending to dismiss the case, on the grounds that it violates his free speech rights and is legally flawed.
Because Mr. Trump is the first U.S. president or former president to face criminal charges, Judge Chutkan’s decision is the first by a U.S. court to affirm that presidents can be charged with crimes like any other citizen.
The U.S. Justice Department has long had an internal policy not to indict a sitting president, but prosecutors say no such restrictions exist once a president leaves the White House.
Mr. Trump’s lawyers have been adamant that Mr. Trump is “absolutely immune” from charges arising from official actions he took as president, arguing that political opponents could use the threat of criminal prosecution to interfere with the responsibilities of a president.
His defense team argued that the immunity enjoyed by U.S. presidents from civil suits should extend to criminal charges.
Prosecutors argued that Mr. Trump’s argument would essentially place the U.S. president above the law, violating fundamental principles of the U.S. Constitution.
US appeals court says Trump must face civil charges over Capitol attack
A US appeals court has ruled that Mr Trump must face civil charges for his role in the January 6, 2021, attack on the US Capitol by his supportersrejecting the former president’s claim that he is immune.
A panel of the US Court of Appeals for the District of Columbia Circuit ruled Friday that Mr. Trump was acting “in his personal capacity as a presidential candidate” when he urged his supporters to march to the Capitol on the day of the riot. American presidents are only immune from civil suits for their official actions.
The ruling clears the way for Mr Trump to face legal action from US Capitol Police officers and Democratic politicians seeking to hold Trump accountable for the violence committed by his supporters during the riot, which was an attempt to overturn his 2020 election defeat.
The unanimous decision focused only on whether Mr. Trump could be sued, and said nothing about the merits of the cases themselves.
Mr. Trump also made a similar immunity argument in this case, arguing that his speech urging his supporters to “fight like hell” against certification of the election was related to a “matter of public concern” and fell within his official responsibilities.
A Trump spokesperson on Friday called the decision “limited, narrow and procedural” and said Mr. Trump was “acting on behalf of the American people” on the day of the attack.
Although the appeals court ruling on Friday explicitly said it did not weigh on Mr. Trump’s possible criminal immunity, both cases involve Mr. Trump’s conduct before and during the Capitol riot .
In their lawsuit, Capitol Police officers James Blassingame and Sidney Hemby accused Mr. Trump of being responsible for the physical and emotional injuries they suffered following the attack on the Capitol.
“Today’s decision makes it clear that those who endanger our democracy and the lives of those sworn to defend it will be held accountable,” Patrick Malone, the officers’ lawyer, said in a statement.
Two lawsuits were filed by House Democrats, one by 10 representatives, including Jerry Nadler and Maxine Waters, and the other by Rep. Eric Swalwell.
Reuters
