For all time thereafter
A federal appeals court on Tuesday rejected former President Donald J. Trump’s claim that he was immune to charges of plotting to subvert the results of the 2020 election, ruling that he must go to trial on a criminal indictment accusing him of seeking to overturn his loss to President Biden.
We should damn well hope so. But he’ll just take it to the Supremes and they’ll roll over for him.
The unanimous ruling, by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, handed Mr. Trump a significant defeat. But it was unlikely to be the final word on his claims of executive immunity: Mr. Trump, who is on a path to locking up the Republican presidential nomination, is expected to continue his appeal to the Supreme Court.
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The panel, composed of two judges appointed by Democrats and one Republican appointee, said in its decision that, despite the privileges of the office he once held, Mr. Trump was subject to federal criminal law like any other American.
“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 panel wrote. “But any executive immunity that may have protected him while he served as president no longer protects him against this prosecution.”
The three judges cast Mr. Trump’s immunity claims as a danger to the nation’s constitutional system.
“At bottom, former President Trump’s stance would collapse our system of separated powers by placing the president beyond the reach of all three branches,” they wrote. “Presidential immunity against federal indictment would mean that, as to the president, the Congress could not legislate, the executive could not prosecute and the judiciary could not review. We cannot accept that the office of the presidency places its former occupants above the law for all time thereafter.”
It’s not supposed to be like royalty.
It shouldn’t place current occupants out of reach of the law, either. If Trump delays long enough, he might actually be president again and will claim executive immunity. And we’ve already seen he can do anything he likes and Congress won’t remove him from office. He will be acquitted at every impeachment.
He wouldn’t be at any risk of an impeachment happening until 2026/(27?) in any case… if he gets elected he’s getting a Republican House in the bargain.
Somehow, I don’t believe that even this Supreme Court will side with DJT on “presidential immunity” from criminal prosecution. DJT is making a naked power grab that woul effectively end the Constitution, our democracy, and the entire American experiment. DJT wants dictatorial powers. If DJT gets his way, some of the very first things to go will be the rule of law, judicial review and other checks and balances, as well as any power in the Supreme Court and the judicial branch. I think that even this Supreme Court (including Clarence “I need a salary, perks, and prestige commensurate with my august office” Thomas) has enough smarts not to do away with themselves.
The Supreme Court has the power simply not to hear Trump’s appeal. I suspect that this is what they will do.
@ Tim Harris #4
It would be the cleanest option. Really, there is no issue there requiring Supreme Court intervention.