US court rejects Donald Trump’s immunity thesis

A federal court in Washington, capital of the United States, decided, this Tuesday (6), to reject the defense thesis of former president Donald Trump that claims the Republican’s presidential immunity in the processes in which he responds for trying to reverse his electoral defeat, in 2020, and for the invasion of the Capitol, in 2021.

“For the purposes of this criminal proceeding, former President Trump became a Trump citizen, with all the defenses of any other criminal defendant,” ruled the Court of Appeals for the District of Columbia.

The verdict confirms a lower court ruling, which had already denied the argument made by the American far-right leader’s lawyers. The businessman can still appeal to the Supreme Court.

“It would be a striking paradox if the president, the one invested with the constitutional duty to ‘ensure that the laws are faithfully executed,’ were the only authority capable of defying those laws with impunity,” the justices said.

Lawyers claim the crimes were allegedly committed while he was still president. The strategy argues that he could not be the target of prosecution because his actions were taken when he was in office and, therefore, are protected by presidential immunity.

“Any executive immunity that may have protected him while he served as president no longer protects him against this charge,” the appeals court judges said.

The decision imposes yet another defeat in court for Donald Trump. At the end of last year, the Colorado Supreme Court banned the former president from Republican primary voting cells, understanding that the former president violated a constitutional amendment on insurrection and that, therefore, he cannot run for president. Shortly thereafter, a similar decision was made in Maine.

On Thursday (8), the Supreme Court hears the oral arguments of the parties in the appeal filed by the former president against his ban from the primaries in Colorado.

In addition to this, Trump is responsible for three other lawsuits:

• Purchase of silence from a porn actress
• Confidential documents
• Storming of the Capitol on January 6, 2021
• Election interference in Georgia in 2020

The growing list of problems with the justice system, however, could hinder his campaign, with trial dates mixing with debates, rallies and voting in the primaries (the internal elections of each party to define who will be the candidate).

In total, there are 91 accusations against Donald Trump, not counting civil lawsuits, such as one for defamation filed by journalist E. Jean Carroll, who accuses Trump of having raped her in the 1990s, and another for corporate fraud.

However, none of these actions are capable of removing the Republican from the presidential race – even if he is convicted.

As the United States does not have legislation such as the Clean Record Act, there is no legal impediment against the candidacy of a defendant or even an imprisoned person.

The growing list of problems with the justice system, however, could hinder his campaign, with trial dates mixing with debates, rallies and voting in the primaries (the internal elections of each party to define who will be the candidate).