Donald Trump: US Court Decides Former President Doesn't Have Presidential Immunity
In a significant legal development, a US court has determined that former President Donald Trump does not enjoy presidential immunity and can face prosecution on charges related to his alleged involvement in plotting to overturn the 2020 election, BBC reports.
The landmark ruling by a unanimous three-judge panel in Washington DC rejected Trump's claim that he was immune from criminal charges for actions taken during his presidential tenure.
The decision represents a setback for Donald Trump, who has long asserted presidential immunity in various legal battles.
The court emphasized that Trump, post-presidency, is now "citizen Trump" and no longer shielded by executive immunity.
The judges stated that Trump's assertion of unbounded authority to commit acts affecting election results could not be accepted.
Trump campaign spokesman Steven Cheung expressed disagreement with the ruling and confirmed the intention to appeal.
The case's potential journey to the Supreme Court, where conservatives hold a majority, remains a possibility.
Trump has until February 12 to file an appeal, arguing that without complete immunity, future presidents leaving office could face immediate indictment by the opposing party, hindering their ability to function effectively.
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Presidential Immunity Question Awaits Supreme Court's Verdict
While the recent ruling by the DC Circuit Court of Appeals may not conclude the debate on presidential immunity, legal experts anticipate that the US Supreme Court will ultimately provide a definitive answer, Yahoo! News noted.
The decision questioned whether Tuesday's ruling would impact the ongoing legal proceedings on the four felony counts Donald Trump faces in connection with the January 6 events.
The panel underscored that Trump's executive immunity, which may have shielded him while in office, no longer protects him from prosecution.
Trump promptly contested the finding, asserting that presidential immunity is essential for proper presidential functioning.
Legal scholars, however, view the decision as a clear affirmation that presidents are not above the law.
Trump's legal team, with a deadline of Monday, is expected to file an appeal with the Supreme Court.
The Supreme Court, which controls the pace of proceedings, can decide how long both parties have to respond and when a ruling may be issued.
Legal Strategy and Potential Trial Delay
A crucial aspect of Donald Trump's legal strategy has been to delay criminal cases until after the 2024 election, according to CNN.
The weeks between oral arguments and the recent ruling have already led to the cancellation of the March 4 trial date.
To expedite proceedings, the appeals court has established a six-day schedule for Trump to respond to Tuesday's ruling.
Trump has until February 12 to file an emergency request with the Supreme Court, seeking to put the case on hold while his legal team prepares a more substantive appeal on the merits.
If granted, this pause would halt the criminal trial until the Supreme Court decides how to proceed with Trump's request, further extending the timeline for resolution.
The Supreme Court's timeline remains uncertain, with no fixed deadlines for responding to appeals.
Should Donald Trump choose not to appeal, the case would revert to the trial-level court in Washington, DC, potentially resuming pre-trial proceedings as early as next week.
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This article is owned by Latin Post.
Written by: Bert Hoover
WATCH: 'A stinging rebuke': Donald Trump loses presidential immunity appeal, can face prosecution - From MSNBC
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