Donald Trump Suffers Major Blow in Fight With Jack Smith

Donald Trump received the biggest blow to his immunity argument to date after a federal appeals court ruled Tuesday that he is not immune from prosecution for alleged crimes committed while he was in the White House.

The issue of whether presidential immunity would protect Trump from federal charges stemming from the election interference case has been at the forefront of what is considered the strongest prosecution in the four criminal cases against the former president. Trump faces four counts, including conspiracy to defraud the U.S. and conspiracy to obstruct an official proceeding, in this case. He has pleaded not guilty to all changes.

Tuesday's decision from the U.S. Court of Appeals for the District of Columbia Circuit paves the way for special counsel Jack Smith to move forward with his case accusing Trump of trying to overturn the results of the 2020 presidential election. The ruling also comes two days before Trump's attorneys will argue before the Supreme Court that his actions leading up to and on January 6, 2021—the day of the U.S. Capitol riot—should not disqualify him from running in the GOP primaries, where he is the front-runner.

On Thursday, the justices will hear oral arguments in a major 14th Amendment case brought by a group of Colorado voters who are challenging Trump's candidacy in the presidential race. Trump is making the same argument that he is formally immune from legal challenges.

Tuesday's decision from the D.C. appeals court was a unanimous ruling issued by two Joe Biden appointees, Judges J. Michelle Childs and Florence Pan, and one George H. W. Bush appointee, Karen LeCraft Henderson.

"For the purpose of this criminal case," the ruling read, "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."

Former federal prosecutor and elected state attorney Michael McAuliffe told Newsweek that Tuesday's decision affirms "the basic tenet that no one––not even the president––stands above the law in our constitutional system."

"There is magic and grace when that principle is written on the page and included in a legally binding decision of a court of law," McAuliffe said. "What happens next is of paramount importance to preserving the ability of the court system to keep the criminal proceedings moving forward."

Trump could appeal this ruling to the Supreme Court, setting up a second date with the justices, or ask for the federal appeals court to hear the case again but this time by the full, 15-judge D.C. court, in what is known as an en banc review. The former president signaled he would appeal the decision shortly after its announcement but did not give details as to which route he would take.

"President Trump respectfully disagrees with the DC Circuit's decision and will appeal it in order to safeguard the Presidency and the Constitution," Trump spokesperson Steven Cheung said Tuesday in a statement.

Cheung argued that if Trump is not granted immunity, "every future President who leaves office will be immediately indicted by the opposing party" and that any president would be unable to serve in his official capacity.

"Deranged Jack Smith's prosecution of President Trump for his Presidential, official acts is unconstitutional under the doctrine of Presidential Immunity and the Separation of Powers. Prosecuting a President for official acts violates the Constitution and threatens the bedrock of our Republic," Cheung said.

McAuliffe said the appeals court's decision not only offers "a substantive and detailed decision rejecting broad presidency immunity from criminal liability" but also supports the argument that Trump's alleged crimes should be "addressed and resolved prior to the presidential election."

Update 2/6/24, 1:41 p.m. ET: This story was updated with comments from former federal prosecutor Michael McAuliffe.