HEMPSTEAD, NY — A federal appeals court ruled on Tuesday that former president Donald Trump can not claim immunity in the election interference case in Washington.
Trump’s legal team said they will appeal the ruling to the Supreme Court.
“The reality here is that [Special Counsel] Jack Smith and basic principles of accountability win this round,” James Sample, Hofstra constitutional law professor, told Patch.
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The DC Circuit Court decision was unanimous among the three-judge panel.
“Any executive immunity that may have protected him while he served as president no longer protects him against this prosecution,” the ruling stated.
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Sample said its decision is at the heart of the nation’s democracy.
“The unanimity and the thorough nature of the analysis is consistent with basic principles that go back to the revolution itself,” he said. “The colonists fought a revolution against a country that said a king can do no wrong.”
However, Trump has been successful with his delay tactics. Just last week, Judge Tanya Chutkan removed the case, scheduled to start on March 4, from her calendar.
The clock is potentially running out on trying the case before Election Day.
“The court not only needs to decide whether or not to take it up promptly, but they need to decide if they choose to take it up, they need to take it up on an extraordinarily expedited basis,” Sample said.
The DC case is one of four pending criminal trials on the docket, with Trump indicted 91 times. If Trump were to win back the White House in November, he could have charges dismissed or potentially take the unprecedented move to pardon himself.
However, Tuesday’s Appeals Court decision “is so strong, the Supreme Court may just decide to pass on this aspect on the overall sordid affair surrounding the former president,” Sample said.
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