Washington, US

Donald Trump's bid for immunity from prosecution in the wake of allegations regarding his actions to overturn the 2020 election outcome suffered a significant setback as a federal appeals court dismissed the claim by the former US President on Tuesday (Feb 6). Special counsel Jack Smith's case against the former president, accusing him of election subversion, faced a blow as the court rejected Trump's argument that his actions were protected under presidential immunity.

Advertisment

The court's ruling stated, “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." 

The ruling by the federals appeals court comes days after a federal judge in Washington officially postponed Trump's trial in the case which was scheduled for March this year. The three-judge panel was unanimous in its decision in the latest ruling which refuted Trump's presidential immunity claims in the 2020 election case. The two judges included those appointed by US President Joe Biden, J. Michelle Childs, and Florence Pan, and one was Karen LeCraft Henderson appointed by former US President George HW Bush.

Also Read | Biden confuses Macron with former French prez Francois Mitterrand, who died nearly 30 years ago

Advertisment

In a hard-hitting statement in the ruling, the court wrote, “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." 

After the ruling, Trump hit back saying that it is 'nation-destroying'. In a Truth Social post, the former US president said, “a President of the United States must have full Immunity in order to properly function and do what has to be done for the good of our Country".

“A President will be afraid to act for fear of the opposite Party’s Vicious Retribution after leaving Office,” he wrote, adding, “It will become a political weapon.”

Advertisment

Also Read | Maui police recommends more training, better tech, equipment in report on Lahaina wildfire

In an earlier statement, Trump's attorney John Sauer argued that the prospect of prosecution could deter future presidents from making decisions. He suggested they may feel compelled to constantly second-guess themselves, questioning, “Am I going to jail for this?” when confronted with contentious choices.

Watch | Joe Biden has lower approval than all recent sitting presidents: Gallup poll

×

Taking a cue from this, the court said, “Past presidents have understood themselves to be subject to impeachment and criminal liability, at least under certain circumstances, so the possibility of chilling executive action is already in effect."

Now, Trump's legal team has the option to appeal the decision to the Supreme Court or to request a review at the appeals court, which entails the case being reheard by the entire DC Circuit.

(With inputs from agencies)