A three-judge panel of the federal appeals court in Washington D.C. determined that the presidential immunity does not apply to former President Donald Trump on allegations of election interference on January 6, 2021.
The federal appeals court heard arguments of both sides to decide whether Trump’s efforts to block the certification of the 2020 election are committed under ‘Official Acts.’
The judges wrote in their opinion: “We have balanced former President Trump’s asserted interests in executive immunity against the vital public interests that favor allowing this prosecution to proceed. We conclude that ‘[c]oncerns of public policy, especially as illuminated by our history and the structure of our government’ compel the rejection of his claim of immunity in this case.”
“We also have considered his contention that he is entitled to categorical immunity from criminal liability for any assertedly “official” action that he took as President — a contention that is unsupported by precedent, history or the text and structure of the Constitution.”
Trump blasted the decision, “If immunity is not granted to a President, every future President who leaves office will be immediately indicted by the opposing party. Without complete immunity, a President of the United States would not be able to properly function.”
He added: “A President of the United States must have Full Immunity in order to properly function and do what has to be done for the good of our Country. A Nation-destroying ruling like this cannot be allowed to stand. If not overturned, as it should be, this decision would terribly injure not only the Presidency, but the Life, Breath, and Success of our Country. A President will be afraid to act for fear of the opposite Party’s Vicious Retribution after leaving Office.”
“I know from personal experience because I am going through it right now. It will become a Political Weapon used for Election Interference. Even our Elections will be corrupted and under siege. So bad, and so dangerous for our Nation. SAVE PRESIDENTIAL IMMUNITY!”
The GOP leader continued, “President Trump respectfully disagrees with the D.C. Circuit’s decision and will appeal it to safeguard the Presidency and the Constitution.”
In last month’s filing, Trump’s lawyers argued, “In 234 years of American history, no president ever faced criminal prosecution for his official acts. Until 19 days ago, no court had ever addressed whether immunity from such prosecution exists.”
“To this day, no appellate court has addressed it. The question stands among the most complex, intricate, and momentous issues that this Court will be called on to decide.”
