The judicial panel overseeing the case against former President Donald Trump has dismissed his claims of presidential immunity, setting a deadline for his appeal to the United States Supreme Court, according to a report by Newsweek on Tuesday, February 6, 2024.
Last year, Department of Justice (DOJ) Special Counsel Jack Smith leveled charges against Trump, including conspiracy to defraud the United States, obstruction of an official proceeding, and conspiracy against rights. These charges relate to the events surrounding the January 6, 2021, riots at the U.S. Capitol and an alleged plot involving false pro-Trump elector slates. Trump, maintaining his innocence, pleaded not guilty and decried the prosecution as politically motivated.
The Washington, D.C., appeals court rejected Trump’s assertion of presidential immunity, emphasizing that any protection afforded during his presidency does not shield him from current prosecution.
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The unanimous decision was rendered by Judges J. Michelle Childs, Karen LeCraft Henderson, and Florence Pan, instructing the clerk to issue the mandate on February 13. Absent an appeal filed in the Supreme Court within this timeframe, the case will return to Judge Tanya Chutkan.
In response, Trump’s spokesperson, Steven Cheung, announced intentions to appeal the ruling, expressing concern over potential implications. Cheung argued that without presidential immunity, former presidents could face immediate indictment by opposing parties, potentially impeding their effectiveness.
Legal experts, including former federal prosecutor Neama Rahmani, underscored the constitutional significance of the case, suggesting that Supreme Court intervention may be necessary due to its broader implications for all Trump-related prosecutions.
Reactions from the legal community varied. Former U.S. attorney Harry Litman noted the urgency for Trump to obtain a stay from either the full D.C. circuit or the Supreme Court before February 12. Journalist Anna Bower, covering legal affairs for Lawfare, highlighted the pressure on Trump’s legal team to seek Supreme Court review by the specified deadline.
The court’s outlined timeline has sparked speculation about potential outcomes and strategies on both sides. Legal analysts anticipate the Supreme Court playing a crucial role in resolving the case, given its broader implications for presidential immunity and the separation of powers.
With the deadline approaching, attention is focused on Trump’s legal team and their response to the court’s mandate, which could significantly impact the future course of this high-profile legal dispute.
