In a recent verdict, a three-judge panel of the US Court of Appeals for the DC Circuit decided that former president Donald Trump retains no immunity from prosecution in his federal election interference case.
In a unanimous ruling, the court ruled that despite the US Constitution’s Separation of Powers doctrine, the federal judiciary may oversee Trump’s prosecution. The court concluded that Trump’s prosecution aligns with the public interest and the executive branch’s general interest, underlining the public’s interest in deterring a president from abusing power.
The court’s per curiam opinion states:
The separation of powers doctrine … necessarily permits the Judiciary to oversee the federal criminal prosecution of a former President for his official acts because the fact of the prosecution means that the former President has allegedly acted in defiance of the Congress’s laws.
The court also found little merit in Trump’s claim that allowing “meritless” prosecutions to proceed against presidents would inhibit presidential action. The precedent set by the Supreme Court shielding presidents from civil claims over “official acts,” did not sway the appeals court’s decision. It ruled that federal criminal prosecutions, authorized by the executive branch, have sufficient safeguards to prevent “baseless indictments.”
This story is under development. More details to follow.