Fifth Avenue

The DC Court of Appeals ruled unanimously today that Donald Trump does NOT have immunity from prosecution in the case of his trying to steal the 2020 election and stay in power.

The three-judge panel, referring to the defendant as “Citizen Trump,” which he will not love, wrote, “For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution. The interest in criminal accountability, held by both the public and the Executive Branch, outweighs the potential risks of chilling Presidential action and permitting vexatious litigation.”

Trump will appeal this to the full Court of Appeals for the D.C. Circuit and the Supreme Court. I’m fairly certain both courts will reject his claim (why would SCOTUS want to give President Biden full immunity?) but both appeals will serve to continue to delay the trial. Trump is playing the long game, planning on winning the election and having whatever goosestepping sycophant he appoints to head the Justice Department killing the two federal cases against him.

Trump’s criminal trial in Washington was scheduled to begin on March 4 but has been delayed for the appeals to his so-called immunity. He has three other criminal trials in Atlanta, Manhattan, and Miami.

The three judges on the panel saw through Trump’s bullshit. The one Republican appointee, Karen L. Henderson, wrote, “I think it’s paradoxical to say that his constitutional duty to take care that the laws be faithfully executed allows him to violate criminal laws.”

Trump’s lawyer said a president can order assassinations and could only be prosecuted if impeached, to which Judge Florence Y. Pan replied, “Your separation of powers arguments fall away, your policy arguments fall away.”

Trump’s lawyer argued that ruling against presidential immunity would set precedence to go after future and past presidents, and used as examples, President George W. Bush starting the Iraq war on false intelligence and President Barack Obama killing civilians with drones. But what they leave out is that Bush and Obama both made these decisions as part of their presidential duties, whether you agree with them or not. Stealing the election, ordering an insurrection, and trying to remain in power were not parts of Trump’s presidential (sic) duties. Ruling in favor of Trump having presidential immunity would set a horrible precedent and allow future presidents to commit crimes without consequences.

Donald Trump has already promised that if he’s returned to the White House, he will use the Justice Department to go after President Biden and other political enemies, many of whom he’s referred to in a very Hitleresque manner as “vermin.”

Trump’s lawyers tried to have it two ways. In 2021, they argued that Congress couldn’t impeach him after he left office and could only be prosecuted by the courts. Once in the courts, they argued that prosecuting him after impeachment was double jeopardy. This is like arguing You got your peanut butter in my chocolate and later arguing my chocolate is in your peanut butter.

In my opinion, I believe Trump thinks he has immunity from prosecution, not just because he was president (sic), but because he’s Donald Trump. This guy has referenced becoming king, a dictator, a president without term limits or additional terms beyond the two limited by the Constitution, and that he was anointed by God. Donald Trump believes he’s better than everyone else and rules that apply to you and me should not apply to him.

Everyone deserves their day in court with a fair trial. This includes Donald Trump. But Donald Trump does not want a fair trial. The reason he’s arguing he has immunity is because he knows he broke the law.

Music note: I listened to Citizen Cope.

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