Trump does not have presidential immunity in January 6 case, federal appeals court rules

Federal Appeals Court Rejects Trump's Immunity Claim, Paving Way for Prosecution

A federal appeals court dealt a significant blow to former President Donald Trump's defense strategy, ruling unanimously that he is not shielded from prosecution for alleged crimes committed during his presidency. The decision undermines Trump's argument that actions taken as president are immune from criminal liability.

In the case brought against him by special counsel Jack Smith for election subversion, Trump's defense hinged on the notion that his actions were part of his official duties. However, the court asserted that as a private citizen, Trump is subject to prosecution like any other individual.

The panel emphasized the gravity of Trump's alleged attempts to overturn the 2020 election, labeling it an unprecedented assault on the government's framework. Dismissing Trump's contention that his indictment would deter future presidents, the court highlighted the historical precedent of presidential accountability.

Trump's legal team may appeal to the Supreme Court or seek a rehearing before the full DC Circuit. Regardless, the ruling underscores that former presidents are not immune from federal criminal prosecution, rejecting arguments that such immunity is essential for the functioning of government.