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Pre-elections sidelines of 2020: Trump has no immunity, an appeals court rules | Donald Trump faces justice

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Former US President Donald Trump, during a partisan rally in Iowa (Archive photo)

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A US federal appeals court ruled Tuesday that Donald Trump can be tried for plotting to overturn the 2020 presidential election, rejecting the former White House tenant's claims that he was immune from any prosecution.

According to the thesis defended by Donald Trump, the fact that he then held the position of president would put him at risk ;protected from criminal charges as his actions fell within his presidential duties.

However, the decision of the Washington District Court of Appeal invalidated this interpretation of the ex-president who has been fighting for months and at great expense in several legal cases brought against him.

For the purposes of this criminal case, former President Trump became Citizen Trump, with all the defenses of any other criminal defendant. But any executive immunity that might have protected him while he was president no longer protects him from these prosecutions, the judges write.

We cannot accept that the office of president places its former occupants above the law forever.

A quote from Extract from the judgment

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The decision was rendered unanimously by the three judges J. Michelle Childs and Florence Pan (appointed by Joe Biden) and Karen LeCraft Henderson (appointed by George H.W. Bush).

Thousands of supporters of the former Republican president stormed the Capitol on January 6, 2021, leaving five people dead and more than a hundred injured, following a speech inflamed by Donald Trump who accused the Democrats of having rigged the election which he lost in November 2020 at the hands of Democrat Joe Biden.

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On January 6, after a speech by Donald Trump, hundreds of supporters of the then president managed to invade the Capitol. Five people lost their lives during the assault.

In this case, special prosecutor Jack Smith accuses Donald Trump, 77, of having conspired to overturn Joe Biden's victory and of having committed several frauds in an attempt to stay in power.

< p class="StyledBodyHtmlParagraph-sc-48221190-4 hnvfyV">Shortly after the ruling was published, Donald Trump's campaign team announced that he would indeed appeal the decision. If immunity is not granted to a president, every future president who leaves office will be immediately impeached by the opposing party. Without full immunity, a US president would not be able to function properly, said Donald Trump campaign manager Steven Cheung.

The Court of Appeal gives the ex-president until February 12 to challenge the judgment.

Although this is a major setback for Donald Trump, who is still in a good position to win the Republican primaries, the latter has every interest in taking the case to the Supreme Court of the United States, where conservatives hold a majority of 6 judges to 3.

Donald Trump himself appointed judges Amy Coney Barrett a few days before the November 2020 election, Brett Kavanaugh in October 2018, and Neil Gorsuch in early 2017.

The trial in this case was initially scheduled for March 4, 2024, but was postponed pending a decision on the immunity request. It could be delayed for several more weeks, or even months, if the case goes to the Supreme Court.

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With information from CNN and BBC

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