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The D.C. Circuit Court of Appeals ruled on Tuesday that President Donald Trump does not have presidential immunity, and therefore must be tried and potentially prosecuted in the Washington, D.C., election-related case overseen by U.S. District Judge Tanya Chutkan.
This ruling comes just hours after a late-night post from President Trump on Truth Social argued, “IF IMMUNITY IS NOT GRANTED TO A PRESIDENT, EVERY PRESIDENT THAT LEAVES OFFICE WILL BE IMMEDIATELY INDICTED BY THE OPPOSING PARTY. WITHOUT COMPLETE IMMUNITY, A PRESIDENT OF THE UNITED STATES WOULD NOT BE ABLE TO PROPERLY FUNCTION!”
According to the Associated Press, the decision was made by a federal appeals panel and could result in the case moving forward fairly quickly at this point. For reference, the case was temporarily removed from the court docket pending a ruling on the immunity issue.
However, it is expected that this case will likely make its way to the U.S. Supreme Court.
The Trump campaign responded to the appeals decision on Tuesday shortly after it was handed down.
Trump spokesman Steven Cheung stated, “Deranged Jack Smith’s prosecution of President Trump for his Presidential, official acts is unconstitutional under the doctrine of Presidential Immunity and the Separation of Powers. Prosecuting a President for official acts violates the Constitution and threatens the bedrock of our Republic.”
He added that President Trump “respectfully” disagreed with the decision and noted that he would “appeal it in order to safeguard the Presidency and the Constitution.”
The president’s eldest son, Donald Trump Jr., also responded to the news on X, deriding the “partisan hackery” and calling for “SCOTUS to step in.”
He argued, “If POTUS doesn’t have immunity they’ll be incapable of action for fear of future partisan reprisal. That endangers the United States and sets a terrible precedent. If this becomes the norm would a Trump DOJ prosecute Obama for droning an American? If not why not?”
