President’s are not immune to crimes they commit as the President of the United States.
WASHINGTON (AP) — A federal appeals panel ruled Tuesday that Donald Trump can face trial on charges that he plotted to overturn the results of the 2020 election, rejecting the former president’s claims that he is immune from prosecution and breathing life back into a landmark prosecution that had been effectively frozen while the court considered the arguments.
“Presidential immunity against federal indictment would mean that, as to the President, the Congress could not legislate, the Executive could not prosecute and the Judiciary could not review. We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter,” the judges wrote.
They said the actions Trump was accused of in his failed bid to cling to power after he lost the 2020 election to Biden, including badgering his vice president to refuse to certify the results of the election, all fell within the “outer perimeters” of a president’s official acts.
But Smith’s team has said that no such immunity exists in the U.S. Constitution or in prior cases and that, in any event, Trump’s actions weren’t part of his official duties.
The U.S. Court of Appeals – D.C. Circuit considered Trump’s claim of presidential immunity from prosecution for his actions in office, including his alleged role in overturning his 2020 election loss, ultimately saying it was “unpersuaded by his argument” and ruled a case against him can proceed.
In the case, Trump claimed he had presidential immunity and that the case violated a double jeopardy clause, as he was impeached by the U.S. House of Representatives over his alleged involvement. He was acquitted after the U.S. Senate did not vote to convict him of the charge.
Read the judgment below.
