Could the former president soon head to trial?
Donald Trump’s claim to executive immunity has been rejected by a federal appeals court. A three-judge panel ruled that Trump can be put on trial for trying to overturn the 2020 election, dismissing his argument that he should have blanket immunity for any alleged crimes committed while he was in office.
Here’s a closer look at the 57-page ruling — and what it all means for the former president.
Trump’s presidential immunity claim
On Tuesday, a panel of judges from the U.S. Court of Appeals for the District of Columbia Circuit unanimously struck down Trump’s claim of presidential immunity. For years, Trump has asserted that the multiple cases against him should be dismissed because of this executive privilege, which prevents presidents from being prosecuted while in office. Trump has said that he believes this immunity should extend to former presidents as well, even for acts that “cross the line.” And in court, he’s argued that without such protections, “the floodgates to meritless and harassing prosecution” may spring open for other elected leaders.
“If immunity is not granted to a president, every future president who leaves office will be immediately indicted by the opposing party,” said Steven Cheung, a spokesperson for Trump’s campaign. “Without complete immunity, a president of the United States would not be able to properly function.”
It’s a legal defense that’s never been presented before — and that’s because, until Trump, no former president had ever been indicted. Trump now faces four criminal prosecutions, though this specific appeal sprung from his federal indictment charging him with plotting to overturn the 2020 election.
“For the purposes of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the judges wrote. “But any executive immunity that may have protected him while he served as president no longer protects him against this prosecution.”
Trump blasted the ruling on his social platform Truth Social: “So bad, and so dangerous,” he wrote. “A Nation-destroying ruling like this cannot be allowed to stand.”
You can read the full ruling here.
What comes next for Trump?
The former president is expected to appeal the decision to the Supreme Court, which would mean the justices would have to decide whether or not to hear the case. If they decide not to hear it, the dispute over whether he attempted to overturn the 2020 election would be sent back to the trial judge, Tanya Chutkan, who initially set a March 4 trial date, which was delayed pending the appeal. Per the New York Times, Chutkan seems intent on moving forward with a trial as quickly as possible, which means there’d be a good chance it would happen before the election in November.
That may not be the case, however, if the Supreme Court does hear the issue. There’s a chance that if the justices move quickly, a trial could still unfold before the fall. If not, it could be delayed until after the election — and if Trump wins, he could potentially ask the Justice Department to dismiss the case or even try to pardon himself.
