Donald Trump Does Not Have Immunity in 2020 Election Interference Case, Rules Federal Judge

By Rick Martin First Posted: Dec 05, 2023 02:24 AM EST

Donald Trump's legal losses just keep coming as a judge overseeing his 2020 election interference case, also known as the January 6 case, ruled he cannot use presidential immunity in this particular case, turning aside his expansive view on the limits of what a president can or cannot do.

This is the latest in Donald Trump's growing list of legal setbacks as he once again fails to have his 2020 presidential election interference case thrown due to US District Judge Tanya Chutkan's decision, which rejects the former president's challenge to the case by merit that he has presidential immunity and therefore cannot be prosecuted, according to NPR.

However, Trump's attorneys have vowed to appeal the ruling as they claimed that this is an unsettled legal question and that the higher courts can step in. However, Chutkan wrote in her decision that even if he was the president, Trump "does not confer a lifelong 'get-out-of-jail-free' pass."

"Former Presidents enjoy no special conditions on their federal criminal liability," she wrote. "Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office."

She also rejected Trump's claims that the indictment violates the former president's free speech rights, as his lawyers argued that "he was within his First Amendment rights to challenge the outcome of the election and to allege that it had been tainted by fraud."

Chutkan shut this argument down by writing in her decision that "it is well established that the First Amendment does not protect speech that is used as an instrument of a crime."

Federal Appeals Court Also Throws Out Donald Trump Presidential Immunity Argument

It was not just Chutkan who rejected Trump on the basis of presidential immunity. A federal appeals court also rejected former President Donald Trump's bid to dismiss several civil cases against him, including one that sought to hold him accountable for the January 6 riot.

"The sole issue before us is whether President Trump has demonstrated an entitlement to official-act immunity for his actions leading up to and on January 6 as alleged in the complaints. We answer no, at least at this stage of the proceedings," the US. Circuit Court of Appeals for Washington, DC wrote in its ruling.

The court also slammed Trump's attempts, writing in its decision, "When a first-term President opts to seek a second term, his campaign to win re-election is not an official presidential act."

Donald Trump To Return in Court With a Gag Order Likely Still in Place For New York Trial

Donald Trump also lost an attempt to fast-track the gag order appeal for his New York fraud trial. This happened just a few days after a ruling allowed the gag order to stay in place, according to Yahoo! News.

This means that as Trump returns to court this week, he will still be gagged. However, as Trump cannot legally attack the judge's court staff anymore, he has started spreading false claims about Judge Arthur Engoron's wife instead.

This article is owned by Latin Post.

Written by: Rick Martin

WATCH: Judges reject Trump's immunity claim to dismiss Jan. 6, election interference cases - MSNBC