Donald Trump not immune to charge of election subversion: Court

Washington, February 6

A federal appeals court on Tuesday ruled that Donald Trump does not have immunity from charges that he plotted to overturn his 2020 election defeat, bringing the former US president a step closer to an unprecedented criminal trial.

Impeached twice during his reign

• Trump was impeached twice by the House, but each time Senate Republicans cast sufficient votes to acquit him of the charges.
• The court of appeals, rejecting Trump’s claim, says that for this case, ‘former President Trump has become citizen Trump’.

To move apex court

• The case will remain paused until at least February 12 to give Trump time to appeal to the US Supreme Court.
• His lawyers argue that ex-presidents can’t be criminally prosecuted for official actions.

The US Court of Appeals for the District of Columbia Circuit rejected Trump’s claim that he cannot be prosecuted because the allegations relate to his official responsibilities as president.

“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defences of any other criminal defendant,” the unanimous panel wrote. “But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.”

The ruling, which Trump is almost certain to appeal, rebuffs his attempt to avoid a trial on charges that he undermined American democracy and the transfer of power, even as he consolidates his position as the frontrunner for the Republican presidential nomination.

The case will remain paused until at least February 12 to give Trump time to appeal to the US Supreme Court.

Trump’s lawyers argued that former presidents were entitled to sweeping legal protections and could not be criminally prosecuted for official actions unless first impeached by the House of Representatives and removed from office by the Senate.

Trump was impeached twice by the House, but each time Senate Republicans cast sufficient votes to acquit him of the charges.

The indictment brought by Special Counsel Jack Smith accuses Trump of using false claims of voter fraud to pressure state lawmakers, Justice Department officials and then-Vice President Mike Pence to thwart the certification of the election results. It is one four criminal cases facing Trump and one of two alleging interference in the 2020 election. — Reuters

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