Appeals court rejects Trump's immunity after efforts to overturn election defeat

Former President of the United States and Republican presidential candidate, Donald Trump, at a rally before the New Hampshire primary election.  On January 21, 2024 in Rochester, New Hampshire, United States.

TRUMP VS. Justice

The United States Court of Appeals for the District of Columbia Circuit issued a ruling this Tuesday, February 6, rejecting former President Donald Trump’s claim of immunity in the case against him for his efforts to overturn the results of the election. A case can be prosecuted. 2020 presidential elections. It is expected that the former President’s legal team will appeal against this decision in the Supreme Court.

Can former Presidents of the United States be excused from criminal prosecution? The answer is no, at least according to the decision of the United States Court of Appeals for the District of Columbia Circuit released this Tuesday, February 6.

And the legal situation and flood of court cases that controversial former President Donald Trump has faced is unprecedented in the country’s history.

However, in the last few hours the three-judge panel delivered its verdict in a 57-page document Trump does not have immunity from trial on conspiracy charges for his efforts to overturn the results of the 2020 election.

Among the actions, the attack on the Capitol by a mob of his followers on January 6, 2021. One of several cases in which he was held on the ropes was when he was trying to return to the White House.

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Thus the court rejects the request made by the defense side of the political leader to defend himself in this judicial case. Court arguments? Trump can be prosecuted because The charges relate to his official responsibilities as President.

The panel said that granting the former president’s request in this case would give presidents “unlimited authority to commit crimes that would neutralize the most fundamental control of the executive branch: the recognition and implementation of election results.”

The panel said unanimously, “We cannot accept that the office of the presidency places its former occupants above the law in perpetuity.”

The appeals court said that any immunity that might have protected Trump from criminal charges while serving as president “no longer protects him against this prosecution.”

The decision deals a significant defeat to the favorite in the race for the Republican Party nomination, ahead of the presidential elections next November. However, it is not the first or the last. It is the second time in recent months the justices have rejected Trump’s claims that he should have immunity for the acts of which he is accused.

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What steps have been taken in Trump’s immunity claim?

His legal team is expected to step up its efforts to challenge the case before the Supreme Court, which will first have to decide whether to accept the case.

If the Supreme Court moves quickly to hear the proceedings and issue a decision, the possibility remains that a trial on election charges could proceed before the November general election.

But if the judge takes his time, it is possible that the case may be postponed till the next elections. And if that happens and Trump wins the presidency, he would be in a position to ask his Justice Department to dismiss the case or even seek a pardon.

So far, no former president has been charged for the first time. Although at least a dozen heads of state and former vice presidents, from Richard Nixon to Bill Clinton, have faced impeachment trials or been charged with crimes, none have faced criminal justice during or after occupying the Oval Office. Didn’t have to face. Therefore, never before had a former President claimed immunity before the country’s courts.

“This decision threatens the foundation of our republic.”

As expected, Trump’s team strongly denied Tuesday’s decision.

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A spokesman for controversial conservative leader Steven Cheung said in a statement, “Without absolute immunity, the President of the United States cannot function properly! (…) This decision threatens the foundation of our republic.”

The spokesperson confirmed that the former head of state would appeal the decision. The case will be put on hold until at least Monday, February 12, to give the defense time to appeal to the country’s highest court.

Trump’s lawyers insist that the former president is entitled to broad legal protections and cannot be criminally prosecuted for official actions unless he is first impeached by the House of Representatives and removed from office by the Senate. Is not removed from.

During his tenure, Trump faced two impeachment trials – something in which he also marked a milestone among presidents in the country’s history – but amid the Republican majority in the upper house, he always emerged victorious.

During his current election campaign, the tycoon-turned-politician has repeatedly expressed his claim for immunity and threatened that, if he returns to the presidency, his future government will be that of President Joe Biden, his potential rival in this election. Can prosecute.


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