(The Hill) — A federal judge on Friday rejected former President Trump’s argument that he is immune in his 2020 election subversion criminal case, while also denying his other constitutional defenses.
“Whatever immunities a sitting President may enjoy, the United States has only one Chief Executive at a time, and that position does not confer a lifelong ‘get-out-of-jail-free’ pass, Former Presidents enjoy no special conditions on their federal criminal liability,” U.S. District Judge Tanya Chutkan wrote in the 48-page ruling.
“Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office,” she added.
Trump asserted the immunity defense in October, arguing all his actions leading up to the Jan. 6 attack on the Capitol are protected by presidential immunity.
The former president faces four felony charges in the case, with Justice Department special counsel Jack Smith’s office saying he engaged in a conspiracy to defraud the United States, obstruct the certification of the votes being carried out by Congress, as well as a conspiracy “against the right to vote and to have one’s vote counted.”
The former president pleaded not guilty to the charges in August.
Trump had also pointed to his second impeachment, noting the Senate failed to boot him from office after his efforts to resist the peaceful transfer of power were swiftly brought before the upper chamber.
He contended that his acquittal in the Senate meant he couldn’t be prosecuted in the case.
But Chutkan, an Obama appointee, rejected that argument as well.
This is a developing story.