The legally untested question before the court was whether former presidents can be prosecuted after they leave office for actions taken in the White House related to their official duties
Former U.S. president Donald Trump departs after a brief press conference at a hotel, following his hearing at District Court on Trump's claim of immunity in the federal case accusing him of illegally attempting to overturn his 2020 election defeat, in Washington, on Jan. 9.
The opinion, which had been expected given the skepticism with which the panel greeted the Trump team’s arguments, was unsparing in its repudiation of Trump’s novel claim that former presidents enjoy absolute immunity for actions that fall within their official job duties. A Trump spokesman said Tuesday that Trump would appeal the ruling “in order to safeguard the Presidency and the Constitution.” And in a post on Truth Social after the ruling was issued, Trump insisted that a president “must have Full Immunity in order to properly function and do what has to be done for the good of our Country.”
The Supreme Court has previously held that presidents are immune from civil liability for official acts, and Trump’s lawyers have for months argued that that protection should be extended to criminal prosecution as well.
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