Recent searches
Search options
Administered by:
#Trump has no #immunity from #Jan6 prosecution, appeals court rules
A federal appeals court has #unanimously ruled that Trump can be put on trial for trying to stay in power after losing the #2020election, rejecting Trump’s sweeping claim of #PresidentialImmunity & moving the case one step closer to a jury.
#law #legal #constitution #democracy #insurrection
https://www.washingtonpost.com/dc-md-va/2024/02/06/trump-jan-6-immunity-appeal-denied/
“For the purpose of this #criminal case, fmr President #Trump has become #citizenTrump, w/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,” the panel of 3 judges wrote. “The interest in criminal accountability, held by both the #public & the #ExecutiveBranch, outweighs the potential risks of chilling Presidential action & permitting vexatious litigation.”
#law
#Trump has already indicated he plans to ask the full U.S. Court of Appeals for the DC Circuit & #SCOTUS to review the ruling. While his #legal arguments keep failing in court, even rulings against him aid his goal of #delaying any federal trial in DC until after the presidential #election.
The court said it would put the ruling on hold until Feb 12 for Trump to #appeal to SCOTUS but would not wait for the full DC Circuit to weigh in.
#law #legal #justice #constitution #democracy #Jan6 #immunity
The complete unanimous opinion:
my fav part (tho #CitizenTrump was a mic drop)
“…fmr President #Trump's stance would collapse our system of separated powers by placing the President beyond the reach of all 3 Branches. #PresidentialImmunity against federal #indictment would mean that, as to the President, the #Congress could not #legislate, the #Executive could not #prosecute & the #Judiciary could not review. We cannot accept that the office of the Presidency places its fmr occupants above the #law for all time thereafter.
“Careful evaluation of these concerns leads us to conclude that there is no functional justification for immunizing fmr Presidents from federal prosecution in general or for immunizing fmr President #Trump from the specific charges in the Indictment. In so holding, we act, ‘not in derogation of the separation of powers, but to maintain their proper balance.’”
“Fmr President #Trump's alleged efforts to remain in power despite losing the 2020 election were, if proven, an unprecedented #assault on the structure of our government. He allegedly injected himself into a process in which the President has no role - the counting & certifying of the Electoral College votes - thereby undermining constitutionally established procedures & the will of the Congress.“
Wow, they also trash #Trump’s argument as “irrational”
“No court has previously imposed such an irrational ‘impeachment first’ constraint on the criminal prosecution of federal officials.” (p.49)
Another great part, p.40:
“We cannot accept fmr President #Trump's claim that a President has unbounded authority to commit #crimes that would neutralize the most fundamental check on executive power - the recognition & implementation of #election results. Nor can we sanction his apparent contention that the Executive has carte blanche to violate the #rights of individual citizens to #vote & to have their votes count.”
@Nonilex thank you, again, for doing the work you do to create your social media channel here. you provide valuable signal for the public
sooooo much noise out there
@Nonilex I’m seeing why it took so long… so carefully written with such foresight.
Even #CitizenTrump is being charitable.