Former President Donald Trump has decided not to send to the Supreme Court the recent decision of the federal appeals court rejecting his claim of absolute immunity from actions he took while he was serving his term in office.
Halting his appeal will mean that at least three lawsuits related to the January 6 demonstration on the Capitol will advance to court.
These charges were filed by members of Congress and police authorities allegedly “scarred” from the violence that transpired during that day. The lawsuits have been pending since 2021 as Trump and his legal team bid courts to decide on his immunity.
The decision of the federal appeals court, which Trump’s team did not argue further, stated that the actions made by Trump on January 6, were done in his capacity as a candidate for presidential reelection. However, the appeals court did not close the door for Trump to argue his actions.
The three-judge panel on the US Court of Appeals for the District of Columbia Circuit stated in their opinion last Tuesday that, “For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant.”
“But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.”
But the court further said that Trump “must be afforded the opportunity to develop his own facts on the immunity question” for him to prove that his actions were done in his official capacity.
“He then could again seek to have the lawsuits dismissed,” the court said.
However, Trump and his allies are not closing the door entirely on reviving his challenge on the ruling later on. According to the GOP leader’s allies, Trump could try to appeal as soon as the fact-finding is completed and the trial judge can determine if the legal charges against him can proceed.
Steven Cheung, Trump’s 2024 presidential campaign spokesman, said “President Trump will continue to fight for Presidential Immunity across the spectrum.”
Even without Trump’s civil immunity appeal, the Supreme Court already has its hands full as they are already dealing with three cases on Trump that might impact his candidacy.
Last week, the Supreme Court justices spent about two hours during the oral arguments regarding the Colorado Supreme Court decision to remove Trump from the state’s ballot for his January 6 actions and branded him insurrectionist.
Read Trump’s reply brief here:
