Feb. 6 (UPI) — A D.C. Circuit Court of Appeals panel rejected former President Donald Trump‘s broad claim of presidential immunity on Tuesday.
Trump’s attorneys argued before the three-judge panel last month, claiming that Trump’s alleged actions in the Washington election interference case are protected by presidential immunity.
Trump may appeal the decision and it is still possible, if not likely, that the case will come before the U.S. Supreme Court. The Supreme Court previously denied special counsel Jack Smith’s request to hear the case, deferring it to the appeals court.
Trump campaign spokesman Steven Cheung responded to the court’s decision in an email blast.
“If immunity is not granted to a president, every future president who leaves office will be immediately indicted by the opposing party,” Cheung wrote. “Without complete immunity, a president of the United States would not be able to properly function!”
Smith and appeals court Judge Florence Pan pointed to a filing in another Trump case to highlight an inconsistency in his argument. In Trump vs. Vance, Trump’s attorneys recognized that immunity expires when the president leaves office.
The prosecution, led by Smith, asked the court to expedite a decision so it may move forward with the trial, set to begin on March 4. Judge Tanya S. Chutkan put the trial on hold for the appeals court to make a decision on presidential immunity.
On Friday, Chutkan ruled the trial will be postponed as she awaited the appeals court’s decision.
Trump pleaded not guilty to four charges in that case: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an official proceeding and conspiracy against the right to vote.
The charges stem from Trump’s alleged role in inciting a violent attack on the U.S. Capitol on Jan. 6, 2021, in an attempt to stop the certification of the 2020 election results. At least five deaths have been connected to the attack on the Capitol, including that of Capitol Police officer Brian Sicknick.
