Federal Appeals Court Rules Donald Trump Does Not Have Immunity from Prosecution



Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.


The D.C. Circuit Court of Appeals ruled unanimously February 6th that Donald Trump does not have presidential immunity from prosecution for alleged criminal actions after leaving the White House.

A lower federal court had previously found that Trump didn’t have immunity when he left office.   The decision allowed the case of Trump’s alleged election interference in the 2020 election to move forward, but Trump appealed.

The three-judge appeals panel affirmed that decision, QUOTE   “For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.”

Trump’s lawyers had filed four motions to dismiss, including presidential immunity, constitutional provisions, including the Impeachment Jeopardy Clause, statutory grounds; and allegations of selective and vindictive prosecution.   Legal scholars had suggested the arguments were “Hail Marys,” and all were rejected by the appeals court. 

Trump’s lawyers are expected to ask for a review by all D.C. Circuit judges.  While the rejection of immunity decision only applies to cases in the D.C. circuit, it impacts the largest federal case, that of Special Counsel Jack Smith’s investigation of Trump’s effort to overturn the 2020 election.

We have a link to the the D.C. Circuit’s opinion at AmericanDemocracyMinute.org.  I’m Brian Beihl.  

Today’s Links

Articles & Resources:
D.C. Federal Circuit Court of Appeals – United States v. Donald J. Trump
CBS News – Trump not immune from prosecution in 2020 election case, appeals court says, siding with special counsel
Salon – “Complete nonsense”: Legal scholars demolish Trump claim of “presidential immunity” from prosecution
Citizens for Responsibility and Ethics in Washington (C.R.E.W) – Trump now thinks former presidents should be immune from prosecution. He spent years saying otherwise.

Groups Taking Action:
Protect Democracy, Campaign Legal CenterC.R.E.W


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