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Bloomberg Law
Trump Does Not Have Presidential Immunity
Feb 7, 2024
Former federal prosecutor Jessica Roth and Loyola Law School professor Jessica Levinson discuss the DC Circuit Court rejecting Trump's claims of presidential immunity and a possible new path for reasserting abortion rights. They explore the implications of the court order, timing and potential trial date in the federal election case, analysis of presidential immunity arguments in federal and state criminal cases, the Pennsylvania Supreme Court decision on Medicaid funds for abortions, and the debate between originalism and the living constitution.
35:47
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Quick takeaways
- The DC Circuit Court unanimously rejected Donald Trump's claims of presidential immunity from federal prosecution, stating that a former president is not above the law.
- The court used Trump's own words and positions against him to expose the inconsistency of his claims, emphasizing that a former president is not immune from prosecution for acts committed while in office that violated criminal laws.
Deep dives
The DC Court of Appeals rejects Trump's claim of immunity from prosecution
The DC Court of Appeals ruled unanimously that former President Trump cannot claim immunity from criminal prosecution. The court found that the office of the presidency does not protect him from standing trial for trying to overturn the 2020 election. The judges cited the Constitution, federal statutes, and history as the basis for their decision, stating that a former president is not above the law. They addressed and rejected all of Trump's arguments for immunity, including his claim that the separation of powers doctrine immunizes him. The court also dismissed the argument that criminal prosecutions would chill presidential actions.
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Discover
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