A U.S. judge ruled that Donald Trump does not have immunity from criminal charges for actions he took as president, rejecting his attempt to dismiss a case brought by Special Counsel Jack Smith accusing him of unlawfully trying to overturn his 2020 election loss. U.S. District Judge Tanya Chutkan found no legal basis for concluding that presidents cannot face criminal charges once they are no longer in office. Trump, the leading candidate for the 2024 Republican nomination, served from 2017 to 2021.
Chutkan’s ruling is the first by a U.S. court affirming that presidents can be charged with crimes like any other citizen. She also rejected Trump’s argument that the charges violate his free speech rights under the U.S. Constitution’s First Amendment, while Trump’s lawyers declined to comment on the ruling.
The ruling moves Trump a step closer to facing a jury, with his trial scheduled to begin in March. He has additional pending legal motions to dismiss the case based on other claims and also faces state criminal charges in Georgia related to his 2020 defeat. The U.S. Justice Department long has had an internal policy not to indict a sitting president, but prosecutors said no such restrictions exist once a president leaves the White House.
Trump’s lawyers argued that he is “absolutely immune” from charges arising from official actions he took as president, while prosecutors contended that Trump’s argument would essentially put the U.S. president above the law, violating foundational principles of the Constitution.
(Source: Reuters)