By Aaron Miller-
Donald Trump(pictured) does not have presidential immunity and can be prosecuted on charges of plotting to overturn the 2020 election, a US court has ruled.
The court said that there was no basis for Trump to assert that former presidents have blanket immunity from prosecution for any acts committed as president.
Mr Trump had claimed in the landmark legal case that he was immune from criminal charges for acts he said fell within his duties as president.
He argued in part that “criminal liability for former Presidents risks chilling Presidential action while in office and opening the floodgates to meritless and harassing prosecution,” but the appeals court found that risk “appears to be low.”
Instead of inhibiting the President’s lawful discretionary action, the prospect of federal criminal liability might serve as a structural benefit to deter possible abuses of power and criminal behavior,” the judges added
Special counsel Jack Smith had asked the court to move quickly in a bid to keep the trial on schedule. The March trial date was already delayed indefinitely pending the resolution of the appeal.
The former president is expected to appeal against the ruling, meaning the case could ultimately go to the Supreme Court where conservatives hold a 6-3 majority.
The judges wrote in their decision: “We conclude that the interest in criminal accountability, held by both the public and the executive branch, outweighs the potential risks of chilling presidential action and permitting vexatious litigation.”
“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 said.
A key issue is whether the trial can take place ahead of the election. Special counsel Jack Smith had asked the court to move quickly in a bid to keep the trial on schedule. The March trial date had already been delayed indefinitely pending the resolution of the appeal.
US Special Counsel Jack Smith has charged Mr Trump, 77, with conspiring to overturn Joe Biden’s victory in the 2020 election and committing fraud to stay in office.
The trial in that case was initially scheduled for 4 March, but was postponed pending a ruling on the immunity claim.
It could be delayed for weeks, if not months, if the case ends up before the Supreme Court.
Earlier this month, a panel of judges heard the case at the DC Circuit Court of Appeals in Washington DC.
The argument from Mr Trump’s lawyer hinged on the idea that a president who is not convicted for impeachment by Congress cannot be subject to criminal proceedings. Mr Trump, they noted, was impeached by the House of Representatives but never convicted by the Senate.