In recent weeks, Donald Trump has argued repeatedly that he, as a former president, must be immune from prosecution. In fact, as recently as a few weeks ago, the indicted Republican went so far as to argue that his claims to “total immunity” also include actions that “cross the line.”
It was, for all intents and purposes, an argument rooted in the idea that Trump believes he can commit crimes with impunity and without fear of consequences. It was also an argument the D.C. Circuit Court of Appeals has rejected. NBC News reported:
A federal appeals court on Tuesday rejected Donald Trump’s broad claim that he is immune from prosecution for alleged criminal acts he committed as president in trying to overturn the 2020 election in a chain of events that led to the Jan. 6 attack on the Capitol.
The ruling from the appeals court was unanimous.
At issue is the federal election interference case brought by special counsel Jack Smith, which is currently pending in a federal court in the nation’s capital. Judge Tanya Chutkan, who’s overseeing the matter, has delayed the start of a looming trial, waiting for immunity questions to be resolved.
As far as the D.C. Circuit is concerned, those questions have an unambiguous answer.
“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution,” the ruling said.
The same appeals court opinion added, “It would be a striking paradox if the president, who alone is vested with the constitutional duty to take care that the laws be faithfully executed, were the sole officer capable of defying those laws with impunity. ... We cannot accept that the office of the presidency places its former occupants above the law for all time thereafter.”
The DC Circuit went on to describe Trump’s position as “irrational,” adding that under the Republican’s preferred approach, presidents would be “free to commit all manner of crimes with impunity.”
In theory, this should put an end to foolish claims that have never deserved to be taken seriously. In practice, however, this ruling probably won’t be the final word on the subject.
As my MSNBC colleague Jordan Rubin explained, “Trump can appeal the three-judge panel’s ruling to the full D.C. Circuit and then to the Supreme Court, which has discretion over whether to take the case.”
Around the same time, the presumptive GOP nominee’s spokesperson confirmed that Team Trump will, in fact, appeal. Watch this space.
Update: The former president used his social media platform to respond to the ruling, calling it "a Nation-destroying ruling."