A federal judge has rejected Donald Trump’s claims of immunity in a case charging him with plotting to overturn the 2020 presidential election. U.S. District Judge Tanya Chutkan delivered a sharp blow to Trump’s defense team, dismissing their challenges to the indictment.
The trial is expected to focus on Trump’s efforts to undo the election, which was won by Democrat Joe Biden. While the judge’s decision is a significant setback for Trump, his lawyers are expected to appeal the ruling. They argue that there is an unresolved legal question regarding presidential immunity.
Judge Chutkan stated in her ruling that the presidency does not grant lifelong immunity from criminal liability. She emphasized that former presidents can be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts committed while in office.
The judge also rejected Trump’s assertion that the indictment infringes on his free speech rights. Trump’s lawyers claimed that his challenges to the election outcome and allegations of fraud were protected by the First Amendment. However, Judge Chutkan explained that the First Amendment does not shield speech used as an instrument of a crime.
Trump’s legal team had sought to have the case dismissed, arguing that actions taken while fulfilling the duties of president are protected. They contended that pressing state officials on the administration of elections falls within the core responsibilities of the commander in chief.
The Supreme Court has previously held that presidents are immune from civil liability for actions related to their official duties, but the issue of criminal prosecution immunity has not yet been addressed.
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The Justice Department maintains that sitting presidents cannot be prosecuted, but Trump’s lawyers are attempting to extend that protection to a former president. They argue that no prosecutor in the history of the United States has had the authority to bring criminal charges against a former president for actions taken while in office.
However, Judge Chutkan noted that while a former president’s prosecution is unprecedented, so are the allegations of crimes committed by a president.
Special counsel Jack Smith’s team has maintained that there is no constitutional or court precedent supporting the notion that a former president is immune from prosecution for conduct committed while in office. Prosecutors assert that Trump, like any other American citizen, is subject to federal criminal laws.
This case is one of four criminal cases Trump is currently facing as he seeks to regain the presidency in 2024. The charges include illegally hoarding classified documents, conspiring to overturn his election loss in Georgia, and hush-money payments made during the 2016 campaign.
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