Judge rejects Trump’s claim of immunity in his federal 2020 election prosecution
The Hindu
Judge rejects Trump's bid to derail Wash. election interference case; ruling says former President is "not above the law" and can be subject to criminal prosecution. Trump's lawyers argue no other former President has been criminally prosecuted, but Judge Chutkan says "so too are the allegations that a President committed the crimes with which Defendant is charged." Trump faces four criminal cases, including one in Wash. for alleged election interference.
Donald Trump is not immune from prosecution in his election interference case in Washington, a federal judge ruled Friday, knocking down the Republican's bid to derail the case charging him with plotting to overturn the 2020 presidential election.
U.S. District Judge Tanya Chutkan's decision amounts to a sharp rejection to challenges the Trump defense team had raised to the four-count indictment in advance of a trial expected to center on the Republican's multi-pronged efforts to undo the election won by Democrat Joe Biden.
Though the judge turned aside Mr. Trump’s expansive view of presidential power, the order might not be the final say in the legal fight. Lawyers for Mr. Trump, who has denied any wrongdoing, are expected to quickly appeal to fight what they say an unsettled legal question.
Also read: Explained | The indictment against Donald Trump
In her ruling, Judge Chutkan said the office of the President “does not confer a lifelong ‘get-out-of-jail-free’ pass.”
"Former Presidents enjoy no special conditions on their federal criminal liability," Judge Chutkan wrote. “Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office.”
Judge Chutkan also rejected Mr. Trump's claims that the indictment violates the former President's free speech rights. Lawyers for Mr. Trump had argued that he was within his First Amendment rights to challenge the outcome of the election and to allege that it had been tainted by fraud, and they accused prosecutors of attempting to criminalise political speech and political advocacy.
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