Former President Donald Trump reacted angrily after an appeals court ruled Tuesday that he had no immunity from prosecution in a case related to the 2020 presidential election.
He claimed it would prevent future presidents from doing their jobs and ruining the country.
“A nation-destroying statement like this cannot stand,” he wrote on Truth Social. “If this decision is not reversed, as it should be, it would do terrible damage not only to the presidency, but to the life, breath and success of our country.”
And he said that would make any president fear “vicious retaliation from his opponents after his term.”
His anger also hinted at how the ruling dealt a major blow to his efforts to avoid prosecution for the events leading up to the Jan. 6 attack on the U.S. Capitol in 2021 as he tried to cling to power.
Former President Donald Trump unleashed his fury on Tuesday after an appeals court ruled he did not have broad immunity in a case related to the 2020 presidential election
Trump posted on Truth Social that the decision was a “nation-destroying” statement
He argued that his position as president protected him from criminal prosecution, an argument already rejected by the judge overseeing the case.
The three-judge panel that heard his appeal on Tuesday reached its decision in stark terms.
“Any executive branch immunity that may have protected him while he was president no longer protects him from this prosecution,” they wrote, in a blow to prosecutor Jack Smith.
In his case, Trump is accused of using false claims of voter fraud to pressure lawmakers, Justice Department officials and then-Vice President Mike Pence to prevent the certification of Joe Biden’s election victory.
It is the second time in as many months that judges have rejected Trump’s argument that he is immune from prosecution for actions he took while in office and leading up to the Jan. 6, 2021, attack on the U.S. Capitol.
The former president’s lawyers argue he has sweeping legal protections unless he is impeached by Congress and removed from office.
And Trump can still take his claim to the Supreme Court.
It is one of four criminal cases filed last year against the 2024 Republican frontrunner.
The trial was originally scheduled for March. It was postponed last week and the judge has yet to set a new date as legal arguments arise.
At issue is the previously unresolved question of whether former presidents can be prosecuted after they leave office for actions they took in connection with official duties.
The suit accuses Trump of pressuring officials not to certify Joe Biden’s 2020 election victory during the lead-up to the Jan. 6 attack on the U.S. Capitol.
Tuesday’s ruling is a victory for special counsel Jack Smith, whose case accuses Trump of using false claims of voter fraud to pressure lawmakers, Justice Department officials and then-Vice President Mike Pence to suspend the certification of prevent Joe Biden’s election victory.
The Supreme Court has previously decided that they are protected from civil suits. Trump and his lawyers emphasize that this also applies to criminal actions.
“ALL PRESIDENTS MUST HAVE COMPLETE AND TOTAL PRESIDENTIAL IMMUNITY, OR OTHERWISE THE AUTHORITY AND DECISION-MAKING OF A PRESIDENT OF THE UNITED STATES WILL BE STRIPPED AND FOREVER AWAY,” Trump wrote in all caps on Truth Social last month.
Special Counsel Smith instead argues that no such constitutional protection exists.
And in December, U.S. District Judge Tanya Chutkan, who is overseeing the case, agreed.
Trump insists he has “complete immunity” from any actions taken while in office
“Whatever immunity a sitting president enjoys, the United States has only one president at a time, and that position does not confer a lifetime ‘get out of jail’ pass,” she wrote in her ruling.
Trump’s appeal was heard by Judges Michelle Childs and Florence Pan, both appointed by Biden, and Karen LeCraft Henderson, appointed by President George HW Bush.
In their 57-page written ruling, they blasted Trump’s argument that he was already facing impeachment proceedings on the same charges and should not stand trial again.
“In light of the very different procedures and purposes associated with impeachment proceedings compared to criminal proceedings, former President Trump’s reliance on the Double Jeopardy Clause is misplaced,” they wrote.
“Impeachment is not a criminal process and cannot result in criminal punishment.”
And they concluded that accepting Trump’s arguments would nullify voters’ rights.
The Trump campaign said the former president would appeal the ruling
“We cannot accept former President Trump’s assertion that a president has unfettered powers to commit crimes that would neutralize the most fundamental check on executive power – the recognition and implementation of election results,” they wrote.
“Nor can we condone his apparent claim that the executive branch has carte blanche to violate the rights of individual citizens to vote and have their votes counted.”
Steven Cheung, Trump’s campaign spokesman, said the former president would appeal the ruling to protect the office of commander in chief.
“If immunity is not granted to a president, any future president who leaves office will immediately be denounced by the opposing party,” he said.
“Without full immunity, a president of the United States could not function properly.”
The case will be postponed until at least Monday to give Trump time to appeal to the Supreme Court.
