Trump Not Immune From Prosecution For Trying To Overturn 2020 Election: US Court

Former US President Donald Trump “does not have presidential immunity” in the January 6 subversion case, a federal appeals court said. The court rejected the claims that immunity is "the most fundamental check on executive power” that could protect the former US president.

"We cannot accept former 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 and 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 and to have their votes count,” the judge said, according to reports. Trump's stance "would collapse our system of separated powers by placing the President beyond the reach of all three Branches,” he reportedly added.

‘All Americans, including Trump, subject to the same laws’

In their opinion, Judges J. Michelle Childs, Florence Pan and Karen LeCraft Henderson derided the behaviours of the former President Trump after the 2020 presidential election as a mob stormed the US Capitol. They slammed the attempts to halt certification process as “unpresidential and constituting an assault on an American institutions.”

“Former President Trump lacked any lawful discretionary authority to defy federal criminal law and he is answerable in court for his conduct,” the panel of judges wrote in their ruling. The also stated that ex US President  has been “using his seat of power to unlawfully overstay his term as President and to displace his duly elected successor,” all which would violate “generally applicable criminal laws.”

All Americans, including the former presidents are subject to the same laws, they said. Trump 2024 campaign responded to the ruling that Trump is not immune from prosecution, saying that they will appeal the ruling. "If immunity is not granted to a President, every future President who leaves office will be immediately indicted by the opposing party. Without complete immunity, a President of the United States would not be able to properly function!” campaign's Steven Cheung said.