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There is no presidential immunity for Trump in the sedition case related to the siege of the Capitol

There is no presidential immunity for Trump in the sedition case related to the siege of the Capitol

According to the decision of the Federal Court of Appeals, Donald Trump is not entitled to presidential immunity, so the former president must stand trial in the criminal case related to the siege of the Capitol building. The first session may be on March 4, and Trump will resort to the Supreme Court.

This is one of four criminal cases pending against the former president


Since the change of president, American constitutional lawyers have been debating whether the protection (immunity) of the former president extends to the post-mandate period as well. According to Trump and his lawyers, yes, but according to others, privileges end upon taking office.

Trump now has the rights of an ordinary citizen

According to the three-judge panel, “In this criminal case, former President Trump has become a Trump citizen and can only enjoy the protection of his co-defendants. “Executive immunity, which might have protected him during his presidency, no longer protects him from prosecution.” According to this rationale, criminal prosecution is in the public interest and can prevent nuisance lawsuits aimed at avoiding liability. (Note that a new poll finds (More than half of Americans would not consider the move unfair, even if they would have voted for Trump regardless.)

Trump relied heavily on a 1982 case in which the Supreme Court ruled that current and former presidents should enjoy immunity from civil lawsuits related to their work in the White House. However, the Court specifically noted that this does not apply to criminal proceedings that have a greater public interest.

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At the time, Judge J. Michael Childs noted that after Richard Nixon resigned from the presidency, he had received a pardon from Gerald Ford for any crime he “had committed or might have committed” — and thus accepted that he could have been charged. a crime.

According to the most serious criminal charge against Trump, the president’s behavior in inciting the attack on the US Congress is among the crimes against the state and democracy that he committed during his presidency.

Trump resumes

The former president immediately indicated that he would be invited by the United States to Washington, DC. Court of Appeal and Supreme Court to review the ruling. Although his legal arguments have failed in the courts, it can be said that his policy of stonewalling so far has been successful. As things stand, the rulings that may be issued against him may also help achieve his goal of postponing the trial in the Federal District until after the presidential election.

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