A federal appeals panel has ruled that Donald Trump can stand trial for charges related to his alleged plot to overturn the 2020 election results, dismissing his claims of immunity from prosecution. This decision reinvigorated a significant prosecution on hold while the court deliberated.
This marks the second time in recent months that judges have rejected Trump’s immunity arguments, affirming that he can indeed be prosecuted for his actions during his presidency and leading up to the January 6th, 2021, Capitol riot.
However, this ruling also sets the stage for potential further appeals, possibly reaching the US Supreme Court, which could cause additional delays in the legal proceedings.
The timing of any potential trial remains uncertain, especially in an election year with a packed calendar. The judge overseeing the case recently cancelled the initial trial date set for March 4th and has not yet scheduled a new one. Trump has until February 12th to request a pause from the Supreme Court.
The trial date carries significant political implications, with the prosecution team aiming to proceed this year while Trump, a Republican primary frontrunner, seeks to postpone it until after the November election.
If Trump were to win the presidency again, he could potentially use his executive authority to influence the outcome of the case by directing a new attorney general to dismiss federal charges or by seeking a pardon for himself.
The unanimous ruling from the appeals panel emphasised that no former president is above the law, rejecting Trump’s claims of immunity from prosecution for actions taken while in office. The judges also rebuffed his arguments that a president has unchecked authority to commit crimes related to election results.
The appeals court became central to the immunity dispute after the Supreme Court declined to intervene, leaving the matter to be decided by lower courts. Trump’s legal team had argued for extending the immunity protection afforded to presidents for official acts to cover criminal prosecution, a claim rejected by the court.
The case in Washington is one of several legal challenges Trump faces, including federal charges in Florida related to classified documents, a state court case in Georgia concerning election interference, and leaders in New York linked to payments to Stormy Daniels. Trump has consistently denied any wrongdoing in these cases.