There’s no basis for Trump to assert that former presidents have blanket immunity from prosecution for any acts committed as president, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit unanimously ruled on Tuesday.
So Trump must go to trial on a criminal indictment accusing him of seeking to overturn his loss to President Biden.
In their 57-page ruling, the judges said, “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.”
“We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter,” the judges said.
“At bottom, former President Trump’s stance would collapse our system of separated powers by placing the president beyond the reach of all three branches,” they said.
Trump had argued in part that "criminal liability for former Presidents risks chilling Presidential action while in office and opening the floodgates to meritless and harassing prosecution," but the appeals court said that risk "appears to be low.”
"Instead of inhibiting the President’s lawful discretionary action, the prospect of federal criminal liability might serve as a structural benefit to deter possible abuses of power and criminal behavior," the judges said.
"It would be a striking paradox if the President, who alone is vested with the constitutional duty to 'take Care that the Laws be faithfully executed,' were the sole officer capable of defying those laws with impunity," the ruling said.
The unsigned decision was issued by all three judges: Karen Henderson, an appointee of former President George H.W. Bush, and two appointees of President Biden, Judges Florence Pan and J. Michelle Childs.
The panel gave Trump a week to appeal to the Supreme Court.
If the Supreme Court accepts the case, it's possible that a trial on the election charges will occur before the general election in November.
But if the justices take their time, it's possible a trial could be delayed until after the election. If that were to happen and Trump were to win, he'd be in a position to ask his Justice Department to dismiss the case or even seek to pardon himself, The New York Times and others report.
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