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Trump vows to appeal after Biden judges deny presidential immunity in history-changing ruling

February 7, 2024 | | Print Article

The Trump campaign warned that the prosecution led by special counsel Jack Smith “threatens the bedrock of our Republic” and vowed to appeal a federal court ruling on Tuesday.

Campaign spokesman Steven Cheung said former President Donald Trump “respectfully disagrees” with the court’s decision and “will appeal it” following a unanimous ruling by a three-judge panel in the U.S. Court of Appeals for the District of Columbia Circuit.

Judges Karen Henderson, appointed by the late President George H. W. Bush, and Michelle Childs and Florence Pan, appointed by President Joe Biden, ruled against Trump who claimed immunity in the case that is related to January 6 and the riot at the U.S. Capitol.

“We cannot accept former President Trump’s claim that a president has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power – the recognition and implementation of election results,” the court’s 57-page decision read.

In a statement after the ruling, the Trump campaign fired back.

“If immunity is not granted to a President, every future President who 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!” Cheung said in the statement Tuesday.

“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,” he added.

“Prosecuting a President for official acts violates the Constitution and threatens the bedrock of our Republic. President Trump respectfully disagrees with the DC Circuit’s decision and will appeal it in order to safeguard the Presidency and the Constitution,” Cheung said.

Donald Trump Jr. slammed the decision as “partisan hackery.”

“No one who’s been watching is shocked by this partisan hackery but here we go. DC appeals court has ruled that Trump does not have presidential immunity that would shield him in the J6 case. Time for SCOTUS to step in,” he wrote in a post to X.

“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?” he added.

“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the Circuit court judges wrote. “But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.”

“We conclude that the interest in criminal accountability, held by both the public and the Executive Branch, outweighs the potential risks of chilling Presidential action and permitting vexatious litigation,” the judges added.

“Instead of inhibiting the President’s lawful discretionary action, the prospect of federal criminal liability might serve as a structural benefit to deter possible abuses of power and criminal behavior,” they wrote.

New York Republican Rep. Elise Stefanik said the decision “sets a dangerous precedent, violates our Constitution, and threatens the very bedrock of our nation.”

With news of the ruling against Trump’s presidential immunity, many on social media seemed to be asking the same question.

Frieda Powers
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