A three-judge panel rules against former President Donald Trump's broad immunity from federal prosecution, including his actions on January 6th. The podcast explores the implications, the impeachment argument, differing opinions on presidential immunity, and the ongoing ballot access case.
Former President Donald Trump does not enjoy broad immunity from federal prosecution and is considered a citizen and defendant, not a president, in a criminal case.
The court's decision aligns with the views of the majority of the American people, with a divide along party lines regarding presidential immunity.
Deep dives
Trump's immunity from prosecution rejected by appeals court
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit unanimously ruled that former President Donald Trump does not enjoy broad immunity from federal prosecution. They emphasized that for the purposes of a criminal case, Trump is considered a citizen and defendant, not a president. The panel soundly rejected Trump's arguments that he had absolute immunity for acts committed while in office. They also noted that impeachment is not equivalent to criminal prosecution and that many Republican senators who voted against convicting Trump in the impeachment trial later expressed that he should face justice in a criminal court.
Trump's attempts to overturn election not considered official duties
The appeals court panel addressed the allegations made against Trump regarding his attempts to subvert the will of the voters and overturn the election results. They highlighted that these actions, even if performed in his role as an office seeker or candidate, were important in determining his immunity. The court considered that the presidency should not grant former occupants perpetual immunity from the law, as it would undermine the system of checks and balances. They also referenced a previous ruling that distinguished between office seekers and office holders.
Public opinion on presidential immunity and potential implications
Public opinion polls regarding presidential immunity show a divide along party lines. While two-thirds of Republicans believe that a president should have immunity for actions taken while in office, a majority of Democrats and independents disagree. The court's decision aligns with the views of the majority of the American people. However, the former president's campaign argues that the ruling could lead to a wave of criminal repercussions targeting sitting presidents, potentially hindering their ability to govern effectively. The timeline for Trump's legal proceedings remains uncertain, with the possibility of Supreme Court involvement and potential trial dates in late spring or summer.
Three judge panel rules former President Donald Trump does not enjoy broad immunity from federal prosecution including for his actions on January 6th. It's a big legal defeat for Trump. Is the case headed for trial?
This episode: Senior White House correspondent Tamara Keith, national justice correspondent Carrie Johnson, and senior political editor and correspondent Domenico Montanaro.
This podcast was produced by Jeongyoon Han, Casey Morell & Kelli Wessinger. Our editor is Erica Morrison. Our executive producer is Muthoni Muturi.
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