Former President Donald Trump has shot back after a US court ruled that he does not have immunity from prosecution in a case releated to the 2020 presidential election.
The former president believes the landmark ruling could stop future presidents from doing their job and ruin the country.
“A nation-destroying ruling like this cannot be allowed to stand,” he raged on Truth Social, adding it would leave any president fearing ‘vicious retribution after leaving office.’
The ruling has dealt a blow to his attempts to avoid prosecution for events leading up to the Jan. 6 attack on the U.S. Capitol in 2021.
READ MORE: ‘No get-out-of-jail-free pass!’ Donald Trump denied immunity in January 6 case
The three-judge panel considering his appeal delivered their decision clearly, stating: ‘Any executive immunity that may have protected him while he served as president no longer protects him against this prosecution.’
Trump is accused of using false claims of voter fraud to pressure lawmakers, Justice Department officials and then-Vice President Mike Pence to prevent certification of Joe Biden’s election victory. This is the second time in two months that judges have dismissed Trump’s argument that he is immune from prosecution for actions he took during his presidency and in the lead up to the Jan. 6, 2021, attack on the U.S. Capitol.
The former president’s lawyers argue that he enjoys broad legal protections unless impeached by Congress and removed from office. Trump could still take his claim to the Supreme Court. This is one of four criminal cases brought against the Republican 2024 frontrunner last year.
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The trial was originally scheduled for March. It was postponed last week and the judge has yet to set a new date as legal arguments continue. The issue at hand is whether former presidents can be prosecuted after leaving office for actions they took related to official duties.
The Supreme Court has previously decided that they are protected from civil cases. Trump and his lawyers insist that should also extend to criminal actions.
‘ALL PRESIDENTS MUST HAVE COMPLETE & TOTAL PRESIDENTIAL IMMUNITY, OR THE AUTHORITY & DECISIVENESS OF A PRESIDENT OF THE UNITED STATES WILL BE STRIPPED & GONE FOREVER,’ Trump posted in all caps on Truth Social last month.
Special Counsel Smith believes there is no such Constitutional protection. In December, US District Judge Tanya Chutkan, who is overseeing the case, agreed. She wrote in her ruling: ‘Whatever immunities a sitting president may enjoy, the United States has only one chief executive at a time, and that position does not confer a lifelong ‘get-out-of-jail-free’ pass.’
Trump’s appeal was heard by Judges Michelle Childs and Florence Pan, who were both appointed by Biden, and Karen LeCraft Henderson, appointed by President George H.W. Bush. They dismissed Trump’s argument that he already faced impeachment proceedings over the same allegations and should not stand trial again. They wrote: ‘In light of the very different procedures and purposes associated with impeachment proceedings as compared to criminal proceedings, former President Trump’s reliance on the Double Jeopardy Clause is misplaced.’
They also stated: ‘Impeachment is not a criminal process and cannot result in criminal punishment.’ They concluded that accepting Trump’s arguments would negate the rights of voters. They wrote: ‘We cannot accept former President Trump’s claim that a president has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power – the recognition and implementation of election results.’
‘We can’t agree with his claim that the executive has free rein to infringe on citizens’ voting rights and their right for their votes to be counted,’ was one statement made.
Steven Cheung, a spokesperson for Trump’s campaign, said the ex-president would challenge the decision to safeguard the office of the president. ‘If a president isn’t granted immunity, every future president who leaves office will be immediately indicted by the opposing party,’ he warned.
He added: ‘Without total immunity, a US president wouldn’t be able to function properly.’
The case is paused until at least Monday, giving Trump a chance to take his appeal to the Supreme Court.
