Judge Denies Immunity Claim in Trump’s Federal 2020 Election Case
A federal judge ruled on Friday that Donald Trump is not immune from prosecution in his election interference case in Washington. This ruling knocks down the Republican’s attempt to derail the case charging him with plotting to overturn the 2020 presidential election.
U.S. District Judge Tanya Chutkan’s decision is a strong rejection of the challenges raised by the Trump defense team to the four-count indictment. The trial is expected to focus on the Republican’s efforts to undo the election won by Democrat Joe Biden.
This sets up a legal battle over the scope of presidential power that could ultimately reach the U.S. Supreme Court. Trump, who denies any wrongdoing, is expected to appeal the ruling.
An attorney for Trump declined to comment on Friday evening.
In her ruling, Chutkan stated that the office of the president “does not confer a lifelong ‘get-out-of-jail-free’ pass.”
Chutkan also rejected Trump’s claims that the indictment violates the former president’s free speech rights. She mentioned that “it is well established that the First Amendment does not protect speech that is used as an instrument of a crime.”
The ruling comes on the same day that the federal appeals court in Washington ruled that lawsuits accusing Trump of inciting the riot on Jan. 6, 2021, can move forward.
Trump’s legal team had argued that the criminal case should be dismissed because he is shielded from prosecution for actions he took while fulfilling his duties as president.
The Supreme Court has held that presidents are immune from civil liability for actions related to their official duties, but has not addressed whether that immunity extends to criminal prosecution.
Special counsel Jack Smith’s team has said there is nothing in the Constitution or in court precedent to support the idea that a former president cannot be prosecuted for criminal conduct committed while in the White House.
It’s one of four criminal cases Trump is facing while he seeks to reclaim the White House in 2024.
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