On January 26, 2024, former US President Donald Trump heads from Trump Tower to Manhattan federal court to attend his defamation trial in New York.
- Lawyers for former President Donald Trump have argued that the former president cannot be criminally prosecuted for official actions unless he is first impeached by the House and removed from office by the Senate.
- The indictment brought by Special Counsel Jack Smith is one of four criminal cases facing President Trump and one of two charging him with interfering in the 2020 election. be.
- Trump is leading in the polls for the Republican presidential nomination.
A federal appeals court ruled Tuesday that Donald Trump is not immune from charges that he plotted to overturn his 2020 election loss, moving the former US president one step closer to an unprecedented criminal trial.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit rejected Trump's argument that the allegations could not be prosecuted because they involved his official responsibilities as president.
Trump is almost certain to appeal the ruling, seeking to avoid a trial on charges of undermining American democracy and the transfer of power while cementing his position as the front-runner for the Republican presidential nomination. It rejects his attempt to do so.
Trump's lawyers argued that the former president is entitled to comprehensive legal protections and cannot be criminally prosecuted for his official actions unless he is first impeached by the House and removed from office by the Senate.
Trump has been impeached twice by the House of Representatives, but each time Senate Republicans cast enough votes to acquit him.
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In a Jan. 9 hearing, the justices pointed to the broad nature of Trump's claims, saying that even a president who orders military special forces to assassinate political opponents can escape criminal prosecution without initial action by Congress. He questioned whether Trump's lawyers could do so.
President Trump has repeatedly asserted his immunity claims on the campaign trail and on social media, writing on January 18, “Every president must have complete and total presidential immunity. Authority and decision-making power will be stripped away and lost.” eternally. “
The indictment brought by Special Counsel Jack Smith alleges that President Trump used false claims of voter fraud to pressure state lawmakers, Justice Department officials, and then-Vice President Mike Pence to change the election results. They accuse the government of trying to block recognition.
This is one of four criminal cases facing Trump, and one of two criminal cases charging him with interference in the 2020 election.
Trump has pleaded not guilty to four felonies and accused prosecutors of politically motivated attempts to damage his campaign.
The immunity claim was previously rejected by U.S. District Judge Tanya Chutkan in December, and President Trump urged an appeal.
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Even if Mr. Trump's arguments are not accepted by the court, his goal of delaying the trial, which was scheduled for March 4 on appeal and potentially delaying it until after the November election, would not have been achieved. There is a high possibility that The case is on hold while Trump appeals.
If Trump wins the election, he could seek a pardon for himself or direct the Justice Department to close the case.
President Trump could ask the entire D.C. Circuit and the U.S. Supreme Court to review the ruling, which could cause additional weeks or months of delay.
