(Fox News) Former U.S. President Trump is not immune from prosecution in the 2020 federal election case, a federal appeals court ruled Tuesday.
The U.S. Court of Appeals – D.C. Circuit considered Trump’s claim of presidential immunity from prosecution for his actions in office, including his alleged role in overturning his 2020 election loss, ultimately ruling a case against him can proceed.
“We have balanced former President Trump’s asserted interests in executive immunity against the vital public interests that favor allowing this prosecution to proceed,” the court wrote in its ruling Tuesday.
In the case, Trump claimed he had presidential immunity and that the case violated a double jeopardy clause, as he was impeached by the U.S. House of Representatives over his alleged involvement. He was acquitted after the U.S. sEante did not vote to convict him of the charge.
The two defenses were among four arguments Trump’s legal team pursued in arguing the court should reject the case.
Trump claimed presidential immunity prevented prosecution for his actions in office. (Sean Rayford/Getty Images)
The court also concluded that “concerns of public policy, especially as illuminated by our history and the structure of our government,” as argued by the prosecution, compel “the rejection of his claim of immunity in this case.”
“We also have considered his contention that he is entitled to categorical immunity from criminal liability for any assertedly ‘official’ action that he took as President — a contention that is unsupported by precedent, history or the text and structure of the Constitution. Finally, we are unpersuaded by his argument that this prosecution is barred by ‘double jeopardy principles.’ Accordingly, the order of the district court is AFFIRMED,” it wrote.
