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Feb 6, 2024 5:49 PM - The Associated Press

Trump is not immune from prosecution in his 2020 election interference case, US appeals court says

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The trial date carries enormous political ramifications, with the Republican primary front-runner hoping to delay it until after the November election. (Photo: The Canadian Press)

A federal appeals panel ruled Tuesday that Donald Trump can face trial on charges that he plotted to overturn the results ofthe 2020 election, rejecting the former president’s claims that he isimmune from prosecution.

The decision marks the second time in as many months that judges have spurnedTrump’s immunity argumentsand held that he can be prosecuted for actions undertaken while in the White House and in the run-up to Jan. 6, 2021, whena mob of his supportersstormed the U.S. Capitol. But it also sets the stage for additional appeals from the Republican ex-president that could reach the U.S. Supreme Court. The trial was originally set for March,but it was postponed last weekand the judge didn't immediately set a new date.

The trial date carries enormous political ramifications, with the Republican primary front-runner hoping to delay it until after the November election. If Trump defeats President Joe Biden, he could presumably try to use his position as head of the executive branch to order a new attorney general to dismiss the federal cases or he potentially could seek a pardon for himself.

The appeals court took center stage in the immunity dispute afterthe Supreme Courtlast month said it was at least temporarily staying out of it, rejecting a request from special counsel Jack Smith to take up the matter quickly and issue a speedy ruling.

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.


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