Can former US presidents be held criminally accountable for their actions while in office? An appeals court says yes. But the last word has not yet been spoken here.
Former US President Donald Trump can be prosecuted for attempted election fraud, according to an appeals court. The court ruled unanimously that the Republican did not enjoy immunity for his actions in the presidential office, thereby rejecting Trump’s request. The decision is a severe legal defeat for the 77-year-old. However, the last word may not have been spoken yet, as Trump has announced an appeal against the decision. It can be assumed that the question of immunity will only be finally clarified by the country’s highest court.
Trump is indicted in the US capital Washington in connection with attempted election fraud. Trump supporters stormed the parliament building in Washington on January 6, 2021. Congress met there to formally confirm Democrat Joe Biden’s victory in the presidential election. Trump had previously incited his supporters during a speech. As a result of the riots, five people died. Before the storming of the Capitol, Trump had already tried at various levels to overturn the election results. To this day he does not recognize his defeat against Biden.
Trump sees the verdict as a violation of the constitution
Trump and his lawyers want the charges dropped. They are citing Trump’s immunity in his office as president at the time. They argue that Trump cannot be legally prosecuted for actions that were part of his duties as president. “If a president is not granted immunity, any future president who leaves office will be immediately impeached by the opposing party,” said Trump spokesman Steven Cheung in response to the appeals court’s decision. The prosecution of a president for official acts violates the constitution and threatens the foundation of the USA, it said.
Trump wants to return to the White House for the Republicans after the 2024 presidential election and regularly describes the investigations against him as a “political witch hunt.” If the Supreme Court accepts Trump’s announced appeal, it will depend on its decision whether the proceedings against Trump can continue in Washington. The judge responsible had postponed the start of the trial indefinitely until the immunity question was finally clarified last Friday. The process was actually supposed to begin at the beginning of March.
Appeals court sees separation of powers in danger
In total, Trump is facing four criminal cases against him – in addition to the federal election fraud case, there is another in the US state of Georgia. Trump has also been charged with taking secret government documents after his time in office and in connection with hush money to a porn star. At the same time, civil proceedings are underway against him. The appeals court’s decision is now of particularly central importance for the election fraud proceedings in Washington.
The court found very clear words in its ruling: “Any executive immunity that protected him during his term as president no longer protects him from this prosecution,” it said. Trump’s view of immunity would collapse the system of separation of powers in the USA. Trump’s view that he should be categorically protected from prosecution for all official actions while in office is not supported by history or the text or structure of the US Constitution.
Supreme Court in focus
It is unclear whether the country’s highest court will ultimately deal with the question of immunity – although it is quite likely. Finally, the question of criminal prosecution is of national importance. On the one hand, this means that the charge against Trump for attempted election fraud stands or falls. It is also crucial for the election campaign whether Trump is right or not. So far everything points to a new edition of the race between him and the Democratic incumbent Biden. Last but not least, the decision on protection from criminal prosecution has immense importance for future presidents. If they really enjoy immunity, they could commit crimes in office without having to fear consequences.
The Supreme Court has moved far to the right under Trump. The Republican significantly shifted the majority on the court during his term in office. However, in the past, the court did not always rule in favor of the former president.
Already on Thursday all eyes will be on the Supreme Court, because then it will be about another Trump case. The judges in Washington have intervened in the legal dispute over Trump’s participation in the primaries for the Republican presidential nomination. Trump had turned to the court to overturn a ruling from the state of Colorado that disqualified him from the primary election because of his role in the attack on the US Capitol.
Source: Stern
I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.
