BREAKING: Appeals Court Rejects Trump Immunity Claim

The unanimous ruling by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit handed Mr. Trump a significant defeat, but was unlikely to be the final word on his claims of executive immunity. Mr. Trump is expected to continue his appeal to the Supreme Court — possibly with an intermediate request to the full appeals court.

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Still, the panel’s 57-page ruling signaled an important moment in American jurisprudence, answering a question that had never been addressed by an appeals court: Can former presidents escape being held accountable by the criminal justice system for things they did while in office? ...

The panel, composed of two judges appointed by Democrats and one Republican appointee, said in its decision that despite the privileges of the office he once held, Mr. Trump was subject to federal criminal law like any other American.

Ed Morrissey

The decision actually side-steps one immunity question, which is whether a sitting president can be criminally prosecuted. The court didn't need to answer that question -- so they didn't. But they did say that former presidents can be tried for alleged crimes that took place while in office:

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

This will either go en banc next or directly to the Supreme Court. I'd guess that Trump's team will go the latter route, unless they really want to stall for time, since the en banc court is unlikely to conclude differently. Of course, a stall does play in favor of Trump's campaign ... 

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