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National Review
National Review
6 Feb 2024
David Zimmermann


NextImg:Trump Not Immune from Prosecution in Election-Subversion Case, D.C. Circuit Court Rules

Former president Donald Trump does not have presidential immunity in his federal election-subversion case, a federal appeals court ruled unanimously on Tuesday.

“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the three-judge panel of the D.C. circuit court wrote in a 57-page opinion. “But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.”

The unanimous ruling is a major setback for Trump in the case after special counsel Jack Smith charged the former president over his alleged efforts to overturn the 2020 presidential election. Trump previously argued he has presidential immunity because the crimes that he’s accused of took place before he left the White House.

It’s possible Trump’s legal team could appeal the ruling to the U.S. Supreme Court, or file a petition asking for an en banc review in the federal appeals court that delivered the ruling. The latter option means the immunity case would be heard by all 11 judges on the D.C. Circuit, not just a three-judge panel.

Trump faces four federal counts related to alleged interference in the 2020 election, including conspiring to defraud the U.S. and to obstruct an official proceeding. He has pleaded not guilty to those charges.

Days before the D.C. circuit court decided that Trump is not immune from prosecution, U.S. district judge Tanya Chutkan postponed Trump’s January 6 case on Friday.

The trial was originally set to start March 4, the day before Super Tuesday, when voters in 15 states and one U.S. territory will cast their primary ballots. No new date for the trial has been scheduled, according to Chutkan’s order.