By Brennan Center
Photos: YouTube Screenshots
The DC Circuit Court of Appeals just issued a historic decision limiting presidential immunity. The three-judge panel ruled that Donald Trump is not immune from criminal prosecution and can be tried for attempting to interfere with the peaceful transfer of power after the 2020 election.
The Brennan Center’s Thomas Wolf and Samuel Breidbart, wrote that:
In a unanimous opinion, the U.S. Court of Appeals for the District of Columbia Circuit said it could not endorse Trump’s “contention that the Executive has carte blanche to violate the rights of individual citizens to vote and to have their votes count.” The ruling stems from Trump’s criminal prosecution in federal district court in Washington. The August 2023 indictment in that case, United States v. Trump, alleges that Trump orchestrated and participated in a conspiracy to overturn the 2020 election results, a driving force behind the January 6 attack on the Capitol.
The Brennan Center authors also noted that:
Regardless of any further appeals, the significance of the DC Circuit’s decision cannot be overstated. The criminal case brought by Special Counsel Jack Smith remains a powerful tool for holding Trump accountable for his attempts to overthrow our democracy, with the potential of lengthy jail time for Trump. Today, the judiciary has made its voice clear: no one is above the law.
This is a major setback for the former president — and a major victory for the rule of law. The consequential ruling states in clear terms that presidents can be held accountable for crimes they commit while holding office. Put another way, that presidents are not kings. It also brings Trump a big step closer to finally facing trial for his role in the January 6 insurrection.
This ruling has significant implications for our democracy. Brennan Center experts are hosting a special digital town hall to break down what this decision means and what comes next. Join us tomorrow at 3 p.m. ET as our experts share their analysis of the ruling and answer your questions.
Join Brennan Center President Michael Waldman and other experts tomorrow to discuss Trump’s impending trial for the January 6 insurrection, the role the Supreme Court may play, and more.
