The former US president can appeal the three-judge panel ruling to the Supreme Court
Former US President Donald Trump does not enjoy presidential immunity in the case brought by special counsel Jack Smith regarding his alleged attempts to “reverse the 2020 election,” the federal court of appeals in the District of Columbia ruled on Tuesday.
Smith has charged Trump with four counts of “election subversion,” including conspiracy to defraud the US and obstruct an official proceeding – referring to the January 6, 2021 riot at the US Capitol. The 45th president has pleaded not guilty and argued for presidential immunity, as he was still in office.
“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the three-judge panel said. “But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.”
Two of the judges on the panel, J. Michelle Childs and Florence Pan, were appointed by President Joe Biden. The third, Karen LeCraft Henderson, was appointed by President George H.W. Bush.
Trump can appeal the ruling to the full DC circuit, or go straight to the US Supreme Court.
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