A three-judge panel of the D.C. Circuit Court of Appeals unanimously rejected former president Donald Trump’s claim of immunity from criminal prosecution, upholding the decision of Judge Tanya Chutkan, who is presiding over the election-interference case brought by special counsel Jack Smith.
The panel observed that the Constitution’s text provides no such immunity; and while the Supreme Court has never squarely ruled on the matter, its analogous decisions granting forms of executive immunity and privilege stress that these must bend to the demands of criminal justice.
A president does have immunity from prosecution for discretionary acts stemming from undeniable constitutional authority (e.g., issuing a pardon). But the duty to follow statutory laws is not discretionary—and it would be perverse if the official sworn to execute the laws faithfully could violate them at whim.
In conjunction with its opinion, the Circuit issued an order requiring Trump to expedite his appeal to the Supreme Court if he wants the Circuit to keep blocking Chutkan from conducting pre-trial proceedings.
To achieve that benefit, which is effectively delaying the trial (which is no longer scheduled to start on March 4), he must appeal by Monday.
National Review
