Trump has no presidential immunity for Jan. 6 case, federal appeals court rules
The three-person federal appeals court panel on Tuesday ruled that for the Justice Department’s criminal case against former President Donald Trump, he is a citizen and is not protected by any executive immunity. He has “all of the defenses of any other criminal defendant,” the Washington, D.C.-based appeals court wrote. Justice Department Special Counsel Jack Smith has alleged Trump sought to overturn the results of the 2020 presidential election with his actions on January 6, 2021. Trump has denied wrongdoing.
What happens next? Trump’s lawyers will likely appeal to the Supreme Court, which in December refused a request by Smith to hear the case before the appeals court did so. District Court Judge Tanya Chutkan had first ruled that presidential immunity did not protect Trump from the Justice Department’s charges.
Dig deeper: Read Carolina Lumetta’s report in The Stew about how Trump is effectively guaranteed a victory in Nevada’s primary and caucus combo.
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