A federal appeals panel ruled Tuesday that Donald Trump can face trial on charges that he plotted to overturn the results of the 2020 election, rejecting the former president’s claims that he is immune from prosecution.
The 57-page decision marks the second time in as many months that judges have rejected Trump’s immunity arguments and held that he can be prosecuted for actions undertaken while in the White House and in the run-up to Jan. 6, 2021, when rioters stormed the U.S. Capitol.
“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. 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,” the judges wrote.
“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,” the decision continued.
But it also
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