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(26,487 posts) Tue Feb 6, 2024, 11:11 AM Feb 6

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Trump does not have presidential immunity in January 6 case, federal appeals court rules [View all]

Source: CNN

CNN
—
Donald Trump is not immune from prosecution for alleged crimes he committed during his presidency to reverse the 2020 election results, a federal appeals court said Tuesday.

The ruling is a major blow to Trump’s key defense thus far in the federal election subversion case brought against him by special counsel Jack Smith. The former president had argued that the conduct Smith charged him over was part of his official duties as president and therefore shield him from criminal liability.

“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution,” the court wrote.

Read more: https://www.cnn.com/2024/02/06/politics/trump-immunity-court-of-appeals?cid=ios_app

169 replies

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Highlight:

Trump does not have presidential immunity in January 6 case, federal appeals court rules [View all] swag Feb 6 OP

Beat by a second BumRushDaShow Feb 6 #1

Off to SCOTUS. sinkingfeeling Feb 6 #3

It's *possible* that to slow it down to the max - he goes to "en banc" first BumRushDaShow Feb 6 #6

At this point he has no "right" to appeal... brooklynite Feb 6 #11

His pseudo lawyers do anything they want BumRushDaShow Feb 6 #16

You miss the point... brooklynite Feb 6 #18

Yes! This ruling gives cover to the SC to ignore the appeal by turning down his lawyer's plea. We win!!!! machoneman Feb 6 #72

I'll Feel Relief RobinA Feb 6 #84

Did you just read what you wrote? BumRushDaShow Feb 6 #117

SCOTUS will take the case. 2 reasons Bobstandard Feb 6 #129

Alternately - BumRushDaShow Feb 6 #135

Good point Bobstandard Feb 6 #168

Did you read what I wrote previously? brooklynite Feb 6 #144

2020 is NOT 2024 BumRushDaShow Feb 6 #146

We're not talking about the 14th Amendment case...I've never assumed that would be viable. brooklynite Feb 6 #151

Hopefully the pseudo SCOTUS doesn't want to hear it AdamGG Feb 6 #139

Did you miss the headlines? BumRushDaShow Feb 6 #153

Whether Dump is immune from prosecution and whether states can remove him from the ballot AdamGG Feb 6 #164

Yes I know BumRushDaShow Feb 6 #165

Yes, he can't appeal it! SWBTATTReg Feb 6 #141

My profound hope is that he will not be granted either an en banc or a Supreme Court review. ShazzieB Feb 6 #156

I think that is incorrect. Novara Feb 6 #69

Chutkan could "proceed" but the issue would still be unresolved BumRushDaShow Feb 6 #78

And any sensible person, with these ongoing TexasBushwhacker Feb 6 #119

The operative words being BumRushDaShow Feb 6 #121

Of course, but I'm hoping some independent voters will be swayed TexasBushwhacker Feb 6 #122

I think the fact that Biden got 7 million more popular votes in 2020 BumRushDaShow Feb 6 #127

We certainly 'got a change', dint we? sprinkleeninow Feb 6 #134

So does he demand escalation to a supervisor (Supreme Court)... forgotmylogin Feb 6 #145

Where the Six Tarantulas will do his bidding. AllyCat Feb 6 #59

Two out of those 6 didn't do his bidding two weeks ago Polybius Feb 6 #123

I think you're probably right about this. ShazzieB Feb 6 #157

What are the chances the Supreme Court decides not to hear it chowmama Feb 7 #169

News worth waking up to. Lunatic raving...3.2.1.. Scalded Nun Feb 6 #2

WOMP WOMP orleans Feb 6 #25

Is it time to buy shares in Heinz? usaf-vet Feb 6 #57

Excellent. MLAA Feb 6 #4

+1... myohmy2 Feb 6 #27

My money is on him appealing en banc first. Wednesdays Feb 6 #51

Good point, thanks! MLAA Feb 6 #61

I don't see this as NJCher Feb 6 #87

I believe these are his options. onenote Feb 6 #103

That won't help him much because of the SECOND ruling today Bernardo de La Paz Feb 6 #154

Somewhere a pantload is filling up rapidly Blue Owl Feb 6 #5

LOL! llmart Feb 6 #7

The Supreme Court has rejected every one of Trump's Cert requests...no reason to expect a change now brooklynite Feb 6 #22

Doesn't mean he won't try. llmart Feb 6 #28

Ha ha. twodogsbarking Feb 6 #8

HAHA FalloutShelter Feb 6 #35

AWESOME! bluestarone Feb 6 #9

Wrong Judge. Cannon is the judge in the classified documents/obstruction of justice case. Those occurred in Florida 24601 Feb 6 #33

She was stalling because of this. bluestarone Feb 6 #37

So many trials... Blue Idaho Feb 6 #166

I am sure he already has two more appeals ready to go here. LonePirate Feb 6 #10

The court's opinion seems to be written to facilitate denial of cert by higher courts Fiendish Thingy Feb 6 #17

Thanks for this explanation ...it really makes my day! FakeNoose Feb 6 #132

Very appropriate gif - love it! ShazzieB Feb 6 #158

In a separate order issued today, the court said that a request for an en banc hearing would NOT delay the trial. euphorb Feb 6 #41

Good to know. Thanks! nt Wednesdays Feb 6 #58

"...until after the election." JohnnyRingo Feb 6 #43

A second insurrection won't go the way the first did. Wednesdays Feb 6 #64

We can hope. JohnnyRingo Feb 6 #70

not to mention NJCher Feb 6 #93

I wonder how many Republican members of Congress will be guided by Capitol police somewhere else LiberalFighter Feb 6 #108

That wouldn't be so terrible Conjuay Feb 6 #77

It's a guarantee he'll pull some shit. My hope is this: this time our guy is in charge, Scrivener7 Feb 6 #94

You are correct that if I see it coming..... JohnnyRingo Feb 6 #148

The appeal appears to be written to set the stage for denial of cert en banc and by SCOTUS. Fiendish Thingy Feb 6 #12

Which means we could have a conviction in July/August bearsfootball516 Feb 6 #13

Which means Haley would be nuts to drop out no matter what happens in SC n/t Shrek Feb 6 #19

That's why she's still in. TwilightZone Feb 6 #36

OK, if he was elected after being convicted of crimes, couldn't we just impeach him right away? Walleye Feb 6 #44

Sure, but you may not get enough Republican senators on board for removal. bearsfootball516 Feb 6 #49

Sure, we could impeach him, assuming we have the House. TwilightZone Feb 6 #53

Right and... Unwind Your Mind Feb 6 #67

President Comrade Carlson? LudwigPastorius Feb 6 #79

Ack I didn't even think of that Unwind Your Mind Feb 6 #109

Lately, Tim Scott has moved up Polybius Feb 6 #128

What about Elise Stefanik? ShazzieB Feb 6 #159

Let's say he's convicted in July but people vote for him anyway in a legit election Polybius Feb 6 #126

If he wins a legit election and the people knew he was a criminal... Polybius Feb 6 #125

Good point Walleye Feb 6 #143

A "conviction in July/August" is too late though Polybius Feb 6 #124

If not July/August, certainly by fall Fiendish Thingy Feb 6 #21

Absolutely. bearsfootball516 Feb 6 #30

Or if he's disqualified to run for office... Justice matters. Feb 6 #113

Trump will have the nomination by April Polybius Feb 6 #130

Because the convention is in July Fiendish Thingy Feb 6 #137

True, but why should Haley get it? Polybius Feb 6 #150

I think that is why the ruling took longer than expected. They wanted it as ironclad as possible. nt. LiberalFighter Feb 6 #110

Why that long a wait? slightlv Feb 6 #136

She has already scheduled another trial for April Fiendish Thingy Feb 6 #138

How'd it go? 2 outta 3 or 3 outta 3? jaxexpat Feb 6 #14

Unanimous according to CNN n/t Shrek Feb 6 #23

Nice. Scrivener7 Feb 6 #96

Next stop is a request for en banc hearing by the full appeals court, then SCOTUS Fiendish Thingy Feb 6 #24

That's helpful in a "I like democracy" kind of way. jaxexpat Feb 6 #50

The article says it was unanimous. ShazzieB Feb 6 #160

This is a per curiam opinion LetMyPeopleVote Feb 6 #15

Bi-partisan ruling Shrek Feb 6 #29

YASSS!!! Been checking everyday for 3 weeks this ruling. iluvtennis Feb 6 #20

I trust that the people who were complaining that the Court was "slow-walking" this have changed their opinions? brooklynite Feb 6 #26

I wouldn't count on it. TwilightZone Feb 6 #47

I know, right? ShazzieB Feb 6 #161

The one doesn't obviate the other Bobstandard Feb 6 #95

Thank god! I was getting very, very nervous about how they would rule... SKKY Feb 6 #31

One step closer to the slammer. Turbineguy Feb 6 #32

Trump is going to jail Tom of Temecula Feb 6 #34

Hot damn! Wild blueberry Feb 6 #38

Unanimity in the decision AND the opinion Raven123 Feb 6 #39

The Appeals Court has sent it immediately to SCOTUS and skipped any en banc request. If SCOTUS ancianita Feb 6 #48

Thank you. Hadn't heard that. Good plan on their part Raven123 Feb 6 #52

Wasn't this what Jack Smith wanted in the 1st place ? dweller Feb 6 #80

I believe so. BUT it's the DC Circuit ancianita Feb 6 #83

YAY FINALLY! Now we can be sure their unanimity writeup will convince SCOTUS. ancianita Feb 6 #40

There's no vaccine for insurrection nt Xipe Totec Feb 6 #42

There could be, however, an injection for insurrection, though that might be a bit extreme. TwilightZone Feb 6 #56

I'm against the death penalty, too, but I always appreciate good black humor! ShazzieB Feb 6 #162

Great news! highplainsdem Feb 6 #45

It's a good day. Mz Pip Feb 6 #46

Did the ruling addess the stay? getagrip_already Feb 6 #54

Yes LetMyPeopleVote Feb 6 #99

Pleasant To Learn, Sir The Magistrate Feb 6 #55

He's going to go bankrupt PennRalphie Feb 6 #60

Only one thing to say: calimary Feb 6 #62

Nice to hear good news! WestMichRad Feb 6 #63

Good one! StarryNite Feb 6 #66

It alludes to "any" immunity while in office. Guess that part'll have to be addressed later. live love laugh Feb 6 #65

I enjoyed the fact that the court cited the example of President Clinton Vogon_Glory Feb 6 #68

Now get this back moniss Feb 6 #71

About time, thank you appeals court. republianmushroom Feb 6 #73

Just throwing this out there... johnnyfins Feb 6 #74

That Works For Me RobinA Feb 6 #92

Does Smith have the authority to make a deal like that? Scrivener7 Feb 6 #98

IMO not good enough. He needs to be convicted. LiberalFighter Feb 6 #112

turned to fox to get their take on it and... samnsara Feb 6 #75

Those Central Americans RobinA Feb 6 #97

What I saw was the video of a guy in a jeep with a "white supremacy edition" sticker on it attacking people. Scrivener7 Feb 6 #102

Wonder if they hid the ketchup? liberal N proud Feb 6 #76

i don't know why they took so long. barbtries Feb 6 #81

Best news I have heard all year. Hope the SC finds the same. appleannie1 Feb 6 #82

Or simply declines to hear it. ShazzieB Feb 6 #163

He also doesn't have a heart. Or a brain. n/t SpankMe Feb 6 #85

TFG is stalling RANDYWILDMAN Feb 6 #86

SO UNFAIR!!!! SergeStorms Feb 6 #88

BOOM! YES!!! Scrivener7 Feb 6 #89

I hear Dubai is wonderful this time of year. Efilroft Sul Feb 6 #90

Has he whined about this yet? sakabatou Feb 6 #91

Read the appeals court ruling on Trump's immunity claim in Jan. 6 trial mahatmakanejeeves Feb 6 #100

I dont understand the withhold the issuance slightlv Feb 6 #101

I was driving home and heard the news on CBS radio news Marthe48 Feb 6 #104

Future cell occupier just playing long stall game, based on his shitty defense in courts so far? Brainfodder Feb 6 #105

Hallelujah n/t imavoter Feb 6 #106

There is only one Traildogbob Feb 6 #107

Hopefully, he is melting down to nothing. pandr32 Feb 6 #111

this is all good. Bird Lady Feb 6 #114

Gonna be tough for anyone to paint this as anything other than a really bad turn of events for trump Torchlight Feb 6 #115

YES!!!! elleng Feb 6 #116

SCOTUS Prediction: No Stay No Certiorari MayReasonRule Feb 6 #118

Please... from your lips. onecaliberal Feb 6 #147

I just read the entire thing. appleannie1 Feb 6 #120

this will go to Supreme Court - but hopefully they will decline to hear it samsingh Feb 6 #131

kick samsingh Feb 6 #133

One interesting word buried in the text... SomewhereInTheMiddle Feb 6 #140

Of course you know next stop for Trumpty Dumpty is SCOTUS. ificandream Feb 6 #142

#1 riversedge Feb 6 #155

Direct link to the opinion. ificandream Feb 6 #149

This is why MorbidButterflyTat Feb 6 #152

Citizen Trump SomedayKindaLove Feb 6 #167