A U.S. federal appeals court ruled Tuesday that Donald Trump had no immunity from accusations of election manipulation while he was president, paving the way for an unprecedented criminal trial for the former president.
In a written ruling, a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit held that Trump did not have the authority to violate federal laws and avoid being tried because that he had been president. The judges added that his role in disrupting the 2020 election potentially violated “applicable criminal laws.”
“We cannot accept that the office of the presidency places its former occupants above the law forever,” the judges wrote in their decision.
It would be historic if a presidential candidate could face a criminal trial or be a convicted felon. Tuesday’s decision could also call into question Trump’s so far successful bid as the Republican Party’s presidential nominee in elections scheduled for November.
Here’s a look at the case and how it could affect Trump’s presidential campaign:
What is it about ?
Last year, Trump filed a motion with a Washington, D.C. district court to dismiss a federal election interference case brought by special counsel Jack Smith in the same court. In this case, the former president was accused of trying to cancel the 2020 elections and obstructing the January 6, 2021 Congress.
The trial court denied Trump’s motion in December, after which he appealed to the DC Circuit Court, the same court that issued its ruling on February 6.
Trump’s lawyer argued throughout the trials that he should not be forced to answer in court because of the presidential immunity he enjoyed while in office.
A criminal indictment, Trump’s lawyers say, would have a “chilling effect” on future presidents, adding that executive leaders would be unwilling to act if there were concerns about possible criminal charges.
The fact that lawmakers did not indict Trump for insurrection following the attacks on Congress in January 2021 also meant he should not be tried criminally for the same matter, Trump’s lawyers added.
Trump was actually impeached twice by the House of Representatives, but was acquitted by Republican senators in another vote that went in his favor. An impeachment motion initiated by the House can only pass if two-thirds of the Senate approves it.
What did the judges say?
But in a unanimous 57-page decision, Justices Michelle Childs, Karen Henderson and Florence Pan rejected all of Trump’s arguments for blanket presidential immunity, finding that such an allocation would not be in the public interest.
Any executive immunity that might have protected Trump while he was president would no longer protect him now, the judges ruled.
“For purposes of this criminal case, former President Trump became a Trump citizen, with all the defenses of any other criminal defendant,” the ruling states. “We cannot accept (his) assertion that a president has unlimited power to commit crimes that would neutralize the most fundamental check on executive power: the recognition and implementation of election results.”
The justices also said Trump potentially violated criminal laws in seeking to overthrow the presidency, and that his actions constituted “an unprecedented attack on the structure of our government.”
What does this mean for the Trump campaign?
Trump can challenge the appeals court’s ruling at the Supreme Court and experts say that is the most likely scenario. His lawyers have already decided to appeal.
The appeals court set a February 12 deadline for Trump to file an emergency request with the Supreme Court to request that his petition be heard and that the original lawsuit (brought by special counsel Smith) be dismissed. still suspended.
A Supreme Court ruling bolstering that of the appeals court could mean Trump will be forced to face a criminal trial as the primaries continue. The criminal trial of a leading presidential candidate like Trump is unprecedented in American history.
Being tried, or even being found guilty, does not automatically disqualify Trump from running for president, according to the U.S. Constitution. In the past, two presidential candidates, Eugene V Debs (1920) and Lyndon LaRouche Jr (1992), campaigned from federal prisons.
But a conviction could hurt Trump’s campaign. While some polls show that a high number of Republican voters in some states would still vote for Trump despite a criminal conviction, experts say the reality of voting for a felon could force them to reconsider.
Trump has been on an electoral winning streak so far, all but cementing his hold as the Republican nominee. After blowout victories in early primary and caucuses in Iowa and New Hampshire, his Republican rivals fell, leaving Trump as the most likely to secure the nomination.
A shake-up of the Trump campaign could see Nikki Haley, the latest Republican primary challenger, snatch the party’s nomination at the last minute. The party will officially announce its candidate at a congress in mid-July.
Does the court’s decision play into Trump’s plans?
Analysts stress that Trump’s arguments about ‘presidential immunity’ before the appeals court will never have impact, but are part of a broader legal strategy aimed at having the president delay a series of criminal indictments against him leading up to the election.
Trump currently faces four criminal charges in the United States.
In addition to election interference charges in Washington DC, Trump also faces interference charges in the state of Georgia. In two other indictments, Trump is accused of mishandling classified government records in Florida and falsifying business records to conceal a secret payment to adult film star Stormy Daniels in New York.
The cases total 91 criminal charges. Trial dates for at least two of them are set in the next two months, although appeal requests from Trump’s team could delay them.
If the trials remain unfinished after a possible Trump election victory, Trump could appoint an attorney general who drops all charges against him, experts point out.
The original trial date in the Washington election interference case was already set for March 4, but it has now been affected by Trump’s appeal request and the four weeks of oral arguments that would have followed.
There will likely be long delays as legal teams await the Supreme Court’s decision once Trump files an appeal. The court has not set a deadline to announce its decision to suspend the initial trial and hear a second appeal in the election interference case.
What other legal challenges for Trump?
Besides the criminal trials, Trump faces other legal challenges regarding his bid for a second presidency.
On Thursday, the Supreme Court will hear a case led by civil rights groups who argue that Trump should be disqualified from the race because of his violation of the 14th Amendment. A clause in the law prohibits any person from holding office if he or she has engaged in “insurrection” or “rebellion” against the government.
This provision has rarely been invoked in 150 years and it has never applied to a presidential candidate.