A federal judge in Washington, DC rejected former President Trump’s claim of presidential immunity on Friday and ruled against his request to dismiss the case on January 6.
US District Judge Tanya Chutkan of the District of Columbia, responding to Trump’s claim that the Constitution gives him “absolute immunity from prosecuting criminals for actions taken within of the ‘outer perimeter’ of his official responsibility,” wrote that the former president does not have a “lifetime ‘”get-out-of-jail-free’ pass.”
“Former Presidents have no special conditions on their federal criminal liability. The defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts committed while in office, ” wrote Chutkan in his opinion.
Addressing Trump’s First Amendment argument, Chutkan wrote that the Constitution does not protect speech that is used “as an instrument of a crime.”
TRUMP IS NOT IMMUNE FROM CIVIL LAWSUITS RELATED TO JAN. 6, FEDERAL APPEALS COURT RULES
Former US President Donald Trump waves to the crowd on the field during halftime of the Palmetto Bowl between Clemson and South Carolina at Williams Brice Stadium on November 25, 2023 in Columbia, South Carolina. (Sean Rayford/Getty Images)
Trump was impeached conspiracy to defraud the United Statesconspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights.
Earlier Friday, a federal appeals court ruled that Trump is not immune from civil lawsuits stemming from the events of January 6, 2021.
Following the decision, Trump Campaign spokesman Steven Cheung gave the following statement to Fox News Digital:
“Radical Democrats, under the direction of Crooked Joe Biden, continue to try and destroy basic principles of the constitution and set dangerous precedents that will harm future presidential administrations and our nation as a whole, in their desperate efforts to interfere in the 2024 Presidential Election. The corrupt leftists will fail and President Trump will continue to fight for America and the American people, including challenging these wrong decisions in higher courts,” Cheung said.
BIDEN JUSTICE DEPARTMENT SAYS TRUMP COULD BE CHARGED BY POLICE, DEMOCRATS OVER JAN. 6 RIOT
A court sketch depicts former President Donald Trump’s legal representation appearing before US District Judge Tanya Chutkan in Washington DC on Friday, August 11, 2023. (William J. Hennessy Jr.)
Sri Srinivasan, the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit, wrote the court’s opinion that Trump does not deserve immunity.
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HOUSTON, TEXAS – NOVEMBER 02: Republican presidential candidate former US President Donald Trump speaks at a campaign rally at Trendsetter Engineering Inc. on November 02, 2023 in Houston, Texas. Former President Trump’s visit to Houston marked his second stop in Texas since earlier this year. The visit came as his sons, Don Jr., testified. and Eric in his civil fraud trial in New York today. Trump may be forced to sell his properties after a judge ruled he committed fraud for years while building his real estate empire. (Photo by Brandon Bell/Getty Images) (Brandon Bell/Getty Images)
“Furthermore the district court rejected his claim of immunity, and now President Trump appeals. The only issue before us is whether President Trump has demonstrated a right to official action immunity for his actions leading to and to January 6 as alleged in the complaints,” Srinivasan wrote. “We answer no, at least in this state of the proceedings.”
Greg Norman of Fox News contributed to this report.
