This Friday, federal judge Tanya Chutkan rejected former President Donald Trump’s request to archive the election case accused of him in Washington, arguing that he enjoys absolute immunity due to his status as president, since the allegation is based on actions he carried out during the term of office is canceled. Trump is charged with four felonies in the case for his election interference to steal the 2020 election, which he lost to Joe Biden.
The dismissal of that petition was no surprise, but Trump’s lawyers can now appeal to the Court of Appeals and ultimately the Supreme Court. This would at least allow Trump to delay the trial so that the trial does not begin in early March as planned. With its delay strategy, it could even be delayed until after the presidential election in November. If Trump wins this election, he could get the Justice Department to drop his allegations.
The 52-page application, submitted to the Washington court in October, began by stating that the President of the United States is the core of the system of government, the leader of the nation, the head of state and the head of government. “To ensure that the President can safely carry out his duties without fear of his political opponents for decisions they do not like, the law provides for absolute immunity “for actions within the ‘outer scope’ of official responsibility.” [del presidente]”, he claimed, pointing to several precedents from the Supreme Court, which could ultimately decide this case too.
“The incumbent administration has broken 234 years of precedent and impeached President Trump for actions that lie not just on the ‘outer edge’ but at the core of his official responsibilities as president. “The prosecution does not argue and cannot allege that President Trump’s efforts to ensure and advocate for the integrity of the election are outside the scope of his duties,” the brief states.
Judge Chutkan rejects the near-absolute immunity that Trump wanted to cling to. His resolution states that the Office of the President “does not grant lifelong release from prison.”
“Former presidents do not enjoy special conditions regarding their criminal liability at the federal level,” the order says. “The defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any offense committed while in office.”
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Chutkan also rejected Trump’s claims that impeachment violated the former president’s right to free speech, as his defense argued. The judge points out that “it is well established that the First Amendment [que consagra la libertad de expresión] “It does not protect speech that is used as a tool for a crime.”
“The defendant is being prosecuted not just for making false statements, but rather for knowingly making false statements in furtherance of a criminal conspiracy and obstruction of the electoral process,” he claims.
His ruling comes on the same day that the federal appeals court in Washington ruled in a separate case that lawsuits accusing Trump of inciting the January 6, 2021 insurrection can proceed.
The appeals court has rejected Trump’s arguments that presidential immunity absolves him of liability in lawsuits brought by Democratic lawmakers and police officers. But the three judges leave open the possibility for Trump to claim and prove later in the trial that his actions were in the exercise of his office as president.
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