A federal appeals panel ruled Tuesday that Donald Trump can face trial on charges that he plotted to overturn the results of the 2020 election, rejecting the former president’s claims that he is immune from prosecution.
The decision marks the second time in as many months that judges have spurned Trump’s immunity arguments and held that he can be prosecuted for actions undertaken while in the White House and in the run-up to Jan. 6, 2021, when a mob of his supporters stormed the U.S. Capitol. But it also sets the stage for additional appeals from the Republican ex-president that could reach the U.S. Supreme Court. The trial was originally set for March, but it was postponed last week and the judge didn’t immediately set a new date.
“We conclude that the interest in criminal accountability, held by both the public and the Executive Branch, outweighs the potential risks of chilling Presidential action and permitting vexatious litigation,” the judges wrote.
The trial date carries enormous political ramifications, with the Republican primary front-runner hoping to delay it until after the November election. If Trump defeats President Joe Biden, he could presumably try to use his position as head of the executive branch to order a new attorney general to dismiss the federal cases or he potentially could seek a pardon for himself.
The appeals court took center stage in the immunity dispute after the Supreme Court last month said it was at least temporarily staying out of it, rejecting a request from special counsel Jack Smith to take up the matter quickly and issue a speedy ruling.
