On February 6, local time, a court in the United States ruled that former Trump in the United States does not have immunity in the case of conspiracy to overturn the 2020 federal **, which means that he can be further prosecuted.
On August 1 last year, U.S. Department of Justice Special Counsel Jake Smith filed a criminal case against Trump on charges of allegedly trying to overturn the results of the 2020 federal ** election. Trump then applied to overturn the case on the grounds of immunity. But the court's latest ruling rejected Mr. Trump's complaint.
Trump, who is seeking a second bid in the White House, is clearly not going to give up, and his campaign has said immediately that it will continue to appeal. Some analysts believe that although the court ruling is unfavorable to Trump, his strategy of postponing the trial date by non-stop appeals has actually taken effect.
What does the ruling say?
We cannot accept the former Trump's claim that he has unlimited power to commit crimes, which would negate the most basic check on executive power – the recognition and enforcement of election results. On February 6, a three-judge panel of the U.S. Court of Appeals for the District of Columbia for the Federal Circuit said this in its ruling.
The three judges also said that "in this criminal case, the former ** Trump has become a citizen Trump and has the same defense rights as all other criminal defendants." ”
Smith filed four charges against Trump in the District Court for the District of Washington, D.C., last August, including conspiracy to defraud the state, conspiracy to obstruct ** process, obstruction or attempted obstruction of official proceedings, and conspiracy to violate civil rights.
Two months after the conclusion of the 2020 U.S. ** election, Trump refused to admit defeat and "spread lies that there was fraud in deciding the outcome of the election," claiming that he himself actually won the election, the indictment states. He also pressured then-deputy Pence to help him overturn the election results.
Trump's series of actions led to the Capitol Hill riot in the United States on January 6, 2021, when many Trump supporters stormed the Capitol Hill in an attempt to prevent Congress from certifying the results of Democratic nominee Joe Biden winning the 2020 U.S. ** election.
On December 7, 2023 local time, in New York, USA, the former ** Trump appeared in the court. Figure ic photo
Trump pleaded not guilty to Smith's charges. His lawyers also asked the judge to dismiss the case, saying that Trump enjoyed immunity for all official acts committed while in office. However, the trial judge denied the motion. On December 23 of last year, Trump appealed to the Court of Appeals for the District of Columbia Circuit for the Federal Circuit.
Of the three judges who made the ruling, two were appointed by Democrats and one by Republicans. In their ruling, the trio unanimously said that granting Trump immunity would pose a threat to the balance of power in the United States, where the three branches of the political system are supposed to check and balance each other.
They also said that Trump's attempt to remain in power through other actions after losing in 2020 would be "an unprecedented attack on the structure of the United States."
The signal from the three judges of the U.S. Court of Appeals for the District of Columbia Circuit is very clear. Zhang Jun, an American legal scholar and lawyer, told the Beijing News, "First of all, no federal ** in the United States can be above the judiciary, which means that they can also be criminally prosecuted, and they enjoy the same right to defense as others." Second, in Trump's case, his claims are untenable, and he cannot be exempted from criminal charges just because he is a former **. ”
What will Trump do next?
Trump is currently seeking to return to the White House. Within the Republican Party, he has a clear lead and has won Republican primaries in two states, Iowa and New Hampshire. If all goes well, he has a good chance of getting the Republican nomination again.
Some analysts believe that Trump's motion for immunity is, to some extent, hoping to postpone the trial of the relevant case until he is re-elected. Zhang Jun has the same opinion. He said many of the 91 charges Trump faces are federal, and if he were re-elected, the possibility is that the case will not move forward, at least during his tenure.
The BBC says Trump's "strategy" has taken effect. U.S. District Judge Tanya Chutkan announced on Feb. 2 that it was postponing the 2020 federal ** trial on the grounds that Trump's appeal of immunity is still pending. Previously, the trial date of the case was set for March 4, 2024.
The new date is not yet set. According to various analysts, if Trump appeals the decision in the immunity case, the date of the 2020 federal case may be delayed by weeks or even months.
On September 22, 2023 local time, Washington, U.S.A., U.S. Supreme Court. Figure ic photo
And Trump has said that he will appeal. Shortly after the ruling, Steven Cheung, a spokesman for Mr. Trump's campaign, said in a statement that Mr. Trump disagreed with the appellate court's ruling and would appeal. Zhang said: "If the immunity is not granted, every ** will be prosecuted by the opposition party immediately after leaving office in the future......Without full immunity, the United States** will not be able to perform its duties properly. ”
Trump may reportedly ask all 11 judges of the Court of Appeals for the District of Columbia Circuit to reconsider the immunity case. But analysts believe that Trump may still face a ruling against him, because at least six of the remaining eight judges must support his claims before they can make a ruling in his favor.
In addition to this, Trump can appeal to the Federal Supreme Court. According to The Guardian, Trump has until February 12 to decide whether he wants to appeal to the U.S. Supreme Court. If Trump does not appeal, the pre-trial process will be reinstated. If Trump appeals, the case will not proceed until the Supreme Court makes a final decision.
In Zhang's view, there is still a lot of uncertainty about the future of this case. If Trump appeals to the Supreme Court, it remains to be seen whether the Supreme Court will accept the case, and it is unclear what decision it will make if it does. However, he said that many U.S. constitutional scholars agree that the former cannot be above the law.
Neil Ketil, a lawyer who has appeared before the U.S. Supreme Court, said on social media that the U.S. Supreme Court will not hear the case. "Trump's arguments are so weak, and the appeals court's verdict is so thorough, I'm going to vote not to hear this case," he said. ”
Even if the Supreme Court accepts the case, it is unlikely to rule in Trump's favor. David Sooper, a lecturer in constitutional law at Georgetown University, said the Supreme Court was unlikely to support Trump's arguments, given past precedents and U.S. legal traditions. "According to Trump's point of view, the legal status of the United States is about the same as that of the monarch. ”
Therefore, if the Supreme Court refuses to accept the case or denies Trump's immunity again, the 2020 Federal** case facing Trump will return to the regular process. Zhang Jun believes that according to the current timetable, there is a possibility that the court will rule on the Trump interference case before the arrival of November **.
If Trump is convicted, will he be able to continue to participate**; And if he is elected, whether he can use the right of pardon against himself, these are debatable issues. "Therefore, it is foreseeable that this year will be an extremely turbulent year for American politics, and a series of issues may arise in the coming months that will challenge the U.S. Constitution and the current U.S. institutional mechanisms." ”
Reporter |Xie Lian
Edit |Zhang.