On Tuesday, the DC Circuit Court of Appeals ruled that 45th President Donald Trump does not have presidential immunity in the case brought against him by Special Counsel Jack Smith. The ruling is a blow to President Trump, who has been attempting to slow down the case against him amid the busy 2024 election cycle.
"We have balanced former President Trump's asserted interests in executive immunity against the vital public interests that favor allowing this prosecution to proceed," the panel of judges wrote in their opinion. "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."
In response to the opinion, the Trump campaign argued that the ruling would set a bad precedent and vowed to appeal the ruling to the Supreme Court. "If immunity is not granted to a President, every future President who leaves office will be immediately indicted by the opposing party," Trump Campaign Spokesman Steven Cheung said in a statement. "Without complete immunity, a President of the United States would not be able to properly function! Deranged Jack Smith's prosecution of President Trump for his Presidential, official acts is unconstitutional under the doctrine of Presidential Immunity and the Separation of Powers. Prosecuting a President for official acts violates the Constitution and threatens the bedrock of our Republic. President Trump respectfully disagrees with the DC Circuit's decision and will appeal it in order to safeguard the Presidency and the Constitution."
The 2020 election interference case brought by Jack Smith is just one of the four high-level indictments brought against Trump amid his presidential campaign. While the DC Circuit Court's decision is unwelcome news for the Trump legal team, an appeal to the Supreme Court may bring about a different conclusion.
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