JUST IN - Trump does not have presidential immunity in the DC election case, U.S. appeals court rules.
Today, a federal appeals court rejected Donald Trump’s claim that he is immune from prosecution for criminal acts he allegedly committed as President.
In Nixon v. Fitzgerald, the Supreme Court ruled that a president has absolute immunity from civil liability. The reason is that presidents would be unable to carry out their duties if they were to constantly be sued once they left office. They must be able to govern without fear of intimidation once they leave.
That was for civil liability. What about criminal liability?
Article I Section 3 of the Constitution states that after an impeachment conviction, parties "shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment". This means that although Trump was impeached twice, since he wasn't convicted by the Senate, he can't be criminally prosecuted for his official acts as President.
The recourse to an out of control President is to remove him from office. Trump was never convicted in the Senate so he was never removed. Therefore, his acts as President are covered under presidential immunity.
