Appeals Court Denies Trump Immunity in 2020 Election Case

Former President Donald Trump is not immune from criminal prosecution in the 2020 election case against him, a federal appeals court unanimously ruled Tuesday. 

The Ruling: Trump’s lawyers had argued that his actions, which special counsel Jack Smith alleges were criminal acts, were “official acts” covered by presidential immunity, and therefore he was not subject to criminal prosecution. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit disagreed with Trump’s reasoning, writing, “former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant.” The judges added, “We cannot accept that the office of the presidency places its former occupants above the law for all time thereafter.” 

Trump’s Response: In a statement, a Trump campaign spokesperson said, “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. President Trump respectfully disagrees with the DC Circuit’s decision and will appeal it in order to safeguard the Presidency and the Constitution.”

How the Media Covered It: Initial news coverage was mostly similar across mainstream outlets, with some notable exceptions. While both The New York Times (Lean Left bias) and Fox News (Right bias) linked to primary court documents from their homepages, the Times linked to an annotated version of the court’s full 57-page opinion, and Fox linked to a one-page decision including no legal explanation.