Former President Donald Trump will appeal a major court decision that says he does not enjoy presidential immunity against criminal prosecution for his efforts to reverse the 2020 election results, his campaign said Tuesday.
Trump campaign spokesman Steven Cheung warned that under the ruling, every president who leaves office will be indicted by the opposing party.
“Without complete immunity, a president of the United States would not be able to properly function!” he said. “Prosecuting a president for official acts violates the Constitution and threatens the bedrock of our Republic. President Trump respectfully disagrees with the D.C. Circuit’s decision and will appeal it in order to safeguard the presidency and the Constitution.”
The U.S. Court of Appeals for the D.C. Circuit on Tuesday said Mr. Trump is not shielded from criminal prosecution by the separation of powers doctrine. The three-judge panel also said an impeachment process over Mr. Trump‘s efforts to overturn the 2020 election results did not protect him from prosecution in court.
An indictment led by special counsel Jack Smith charges Mr. Trump with four criminal charges related to his efforts to overturn the 2020 results: one count of conspiracy to defraud the U.S., one count of conspiracy to violate civil rights and two counts of attempting to obstruct the vote-certification proceedings.
The trial is on hold while the appeals courts deal with Mr. Trump‘s immunity claim. The ex-president can seek another hearing before the full circuit court, and seek redress from the Supreme Court.
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Mr. Trump has a vested interest in seeing the trial delayed until the election, when he may retake control of the White House and Department of Justice.
Jonathan Turley, a law professor at George Washington University, said the remaining appeals process over the immunity claim and pre-trial work could take months.
“That puts the trial very close to the election and would raise obvious concerns given the long-standing DOJ policy to avoid trials [within] a few months of an election,” he wrote on X.
• Tom Howell Jr. can be reached at thowell@washingtontimes.com.