A federal appeals court ruled that former president Trump is not immune to prosecution for alleged crimes committed during and after his presidency. The Trump campaign “respectfully disagrees,” while many experts believe the Supreme Court will uphold the ruling if it gets appealed.
The ruling was unanimous
A three-judge appeals court panel on February 5 upheld a lower court ruling that Trump is not immune from criminal prosecution. The 57-page ruling rejected the Trump team’s claims, writing, in part, “We cannot accept former President Trump’s claim that a President has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power — the recognition and implementation of election results. Nor can we sanction his apparent contention that the Executive has carte blanche to violate the rights of individual citizens to vote and to have their votes count.”
The Trump campaign spokesperson reacted
Steven Cheung’s statement 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 Supreme Court could be next
Trump has until February 12 to appeal to the Supreme Court. It will likely be a test for the court since three sitting justices are Trump appointees. The court will also decide on the Colorado ballot case, the court’s most direct involvement since the 2000 election.
Legal experts are optimistic
Former U.S. Attorney Harry Litman wrote on X, “Mandate from a court of appeals opinion denying Trump immunity issues in six days on February 12. That’s very quick and puts him in a box having to find a stay before then from either full D.C. circuit (unlikely) or Supreme Ct.”
Litman’s prediction
The former U.S. Attorney wrote about the future of the D.C. case, “Given thoroughness and unanimity of opinion, we will have lost only about six weeks should the Supreme Court deny the stay application, which we should look to it to do by around February 19. If it takes the case, the mandate doesn’t return to Chutkan until early July.”
Two options
According to Steve Vladeck, a law professor, SCOTUS has two options, “It can deny Trump’s forthcoming stay request, and clear the way for the prosecution to proceed quickly, or it can grant the stay—and expedite its review of the merits of today’s ruling, with a decision by June.”
The timing
Vladeck also noted that we will learn more in the upcoming two weeks, adding, “For those asking if Trump can seek en banc review, technically he can, but it won’t help to keep the lower-court proceedings on hold.”
SCOTUS won’t get involved
Neal Katyal, Former acting Solicitor General, does not think SCOTUS will get involved, asserting, “Trump’s argument is so weak and the Court of Appeals decision so thorough and well done, I can see SCOTUS voting not to hear it.” Still, he is cautious, “anything can happen, and it takes 4 of the 9 Justices to vote to hear a case.”
“Straight loss for Trump”
Katyal called the ruling a “Straight loss for Trump,” noting that the country eagerly awaited this opinion. However, Conservative judicial activist Mike Davis argued the justices “ignored the Constitution’s separation of powers,” adding the case is bigger than Trump.
Trump’s son also reacted
Donald Trump Jr. wondered on X, “If POTUS doesn’t have immunity they’ll be incapable of action for fear of future partisan reprisal. That endangers the United States and sets a terrible precedent. If this becomes the norm would a Trump DOJ prosecute Obama for droning an American? If not why not?”
Inserting Biden
Jack Posobiec, a conservative activist and Trump supporter, shared, “This presidential immunity ruling means Biden can be indicted right now for treason by aiding an invasion.”
House Republicans revealed a resolution
Matt Gaetz and Elise Stefanik unveiled a resolution on February 5 that states Trump “did not engage in insurrection or rebellion against the United States.”
Jordan’s concerns
Jim Jordan wrote about the ruling, “Today’s appeals court decision raises serious concerns. That a President is stripped of his constitutional protections for official acts while in office is obviously something that will need to be addressed on appeal.”
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