DONALD Trump’s hopes for a potential second term in the White House have suffered a major blow after a court ruled he’s not immune to charges of plotting to overturn the 2020 presidential election.
A three-judge panel of the US Circuit Court of Appeals in Washington, DC, ruled that the former president must go to trial on a criminal indictment over his actions that led to the January 6, 2021, US Capitol riots.
“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 57-page ruling read.
“But any executive immunity that may have protected him while he served as president no longer protects him against this prosecution.
“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.”
The panel added: “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.
“Careful evaluation of these concerns leads us to conclude that there is no functional justification for immunizing former Presidents from federal prosecution in general or for immunizing former President Trump from the specific charges in the Indictment.”
Trump blasted the court’s decision as he called to save “presidential immunity.”
“A President of the United States must have Full Immunity in order to properly function and do what has to be done for the good of our Country,” Trump said in a Truth Social post.
“A Nation-destroying ruling like this cannot be allowed to stand. If not overturned, as it should be, this decision would terribly injure not only the Presidency, but the Life, Breath, and Success of our Country.
“A President will be afraid to act for fear of the opposite Party’s Vicious Retribution after leaving Office.
“I know from personal experience because I am going through it right now. It will become a Political Weapon used for Election Interference.
“Even our Elections will be corrupted and under siege. So bad, and so dangerous for our Nation. SAVE PRESIDENTIAL IMMUNITY!”
The appeal stems from his alleged involvement in the events at the US Capitol on January 6, 2021.
The former president was hit with a four-count indictment in August 2023, including conspiracy to defraud the US, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.
Trump’s defense team argued that former presidents could not be criminally prosecuted after first being impeached and convicted by Congress.
The judges also rejected Trump’s claims that permitting the indictment of a former president would subject all former presidents to indictments by political adversaries – claims that Trump has repeatedly hammered on social media and in interviews.
Trump is expected to continue his fight to delay the motion and seek to file an appeal to the Supreme Court.
If Trump is successful, the criminal trial will not resume until after the Supreme Court decides what to do with Trump’s request for a pause.
If Trump does not appeal the ruling, the case will be sent back to the trial-level court in Washington, DC, where a trial date will be set.
The Appeals Court gave Trump until February 12 to appeal the ruling to the highest court.
The quick turnaround comes as Special Counsel Jack Smith has asked the court to move quickly with the proceeding in a bid to keep the trial on schedule for March.
On the other hand, Trump seeks to delay the potential trial until after the election.
If Trump were to win the election, he could be able to dismiss the charges or potentially pardon himself.
The latest scandal for the former president comes as Trump remains in the driver’s seat for the Republican presidential nomination.