Federal appeals court rejects Trump’s presidential immunity claim

February 6, 2024

Karah Rucker, Anchor/Reporter

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On Feb. 6, a federal appeals court ruled former President Donald Trump is not immune from prosecution on the basis of “presidential immunity.” Trump has been arguing he can’t be charged for actions related to Jan. 6 since he was still president at the time — an argument the three-judge panel rejected.

“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the U.S. Court of Appeals for the D.C. Circuit said in the ruling. “But any executive immunity that may have protected him while he served as president no longer protects him against this prosecution.”

This ruling involves Trump’s 2020 federal election interference case. Special counsel Jack Smith is hoping to begin the trial in March, however, Trump has previously suggested he would immediately appeal if the ruling was not in his favor. This would likely leave the case to the Supreme Court to decide on whether Trump can or cannot be charged. The high court has the ability to fast-track the case, however, it could potentially delay the trial.

“IF IMMUNITY IS NOT GRANTED TO A PRESIDENT, EVERY PRESIDENT THAT LEAVES OFFICE WILL BE IMMEDIATELY INDICTED BY THE OPPOSING PARTY,” Trump posted on his social media platform Truth Social ahead of the ruling. “WITHOUT COMPLETE IMMUNITY, A PRESIDENT OF THE UNITED STATES WOULD NOT BE ABLE TO PROPERLY FUNCTION!”

A key issue for the prosecution and Trump’s team is timing as 2024 is an election year and Trump is the leading Republican candidate.

Smith has asked the courts to move quickly to keep the election interference trial on schedule, but the entire case was on pause while the immunity case played out.