Court rules Donald Trump not immune to Jan. 6 prosecution
February 6, 2024
A US appeals court has rejected former President Donald Trump's claim that he should be immune from prosecution for trying to subvert the 2020 election. It's the second recent verdict of its kind, but is still not final.
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A US appeals court ruled Tuesday that former President Donald Trump can face trial on charges of plotting to overturn the results of the 2020 presidential election.
The decision rejects Trump's claim that as a former president, he cannot cannot face criminal charges for conduct related to official responsibilities during his presidency.
Trump and his team have argued that he was acting in an official capacity as he sought to overturn the results of the 2020 presidential election.
Looking back at the US Capitol riot
On January 6, 2021, supporters of Donald Trump stormed the US Capitol, refusing to accept the confirmation of Joe Biden's election as president. Investigations into the riot are ongoing.
Image: Allison Bailey/NurPhoto/picture alliance
Pro-Trump crowd gathers outside US Capitol
On January 6, thousands of supporters of former President Donald Trump flocked to the US Capitol, waving flags and claiming the election had been stolen from their political idol. Later, some 800 protesters stormed the iconic building, hunting down lawmakers, beating up police officers and leaving a trail of destruction. Five people died in connection with the riot and dozens were injured.
Image: Leah Millis/REUTERS
Trump remains defiant
Many observers later said the riot marked an attempt to overthrow the government, instigated or orchestrated by the former president. A select committee of the US House of Representatives has begun investigating the events, and Trump's possible role in them. For his part, Trump has claimed there was "love in the air" on January 6.
Image: Jacquelyn Martin/AP Photo/picture alliance
Legitimate protests?
The Capitol riot sparked global outrage. Many Republicans still, however, say the incident was a legitimate means of protest against what they claim was a rigged election. Some Republicans have even staged rallies outside US prisons in support of jailed rioters. The exact interpretation of the January 6 events will certainly have a big impact on the US midterm elections in November 2022.
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More than 700 charged
Hundreds of individuals are facing prosecution over their role in the January 6 attack. So far, over 50 people have been sentenced for their actions on that day. Many left a slew of evidence on social media, boasting of their crimes, which has helped in handing down convictions. Defendants willing to plead guilty can hope to receive a reduced sentence.
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Proud Boys under growing scrutiny
The city of Washington, D.C, is suing members of the right-wing extremist group Proud Boys, loyal Trump supporters, to recoup damages for the Capitol attack. Authorities have accused the group's leaders of having conspired "to terrorize the District of Columbia" in "a coordinated act of domestic terrorism." Criminal charges have already been brought against several Proud Boys members.
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Panel probes role of firebrand radio host
Radio host and conspiracy theorist Alex Jones is considered a key instigator of the Capitol riot. He drummed up support for the pro-Trump march in Washington, calling for a million people to turn up and protest against allegedly corrupt Democratic Party. The congressional panel investigating the events of January 6 has found Jones helped finance the rally.
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Jacob Chansley, 'QAnon Shaman,' jailed
Images of Jacob Chansley, a topless, tattooed rioter wearing a striking, horned headdress, went around the globe. He soon became a symbol of the January 6 attack. Now, the self-proclaimed "QAnon Shaman" and conspiracy theorist from Phoenix, Arizona, has pleaded guilty and been sentenced to 3 1/2 years in jail.
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Police officers traumatized
Capitol Police officer Aquilino Gonell broke down as he rewatched footage of the deadly riot during a hearing of the congressional panel investigating the attack in July. That day, Gonell recalls, he thought "this is how I'm going to die, defending this entrance." One of Gonell's fellow police officers was killed in the Capitol riot, and four others committed suicide in the months that followed.
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Security failures led to Capitol storming
The reason die-hard Trump supporters managed to force their way into the Capitol is that US security agencies were unprepared. The US Senate found that despite warning signs of a potential attack, the police leadership failed to act: National Guard reinforcements were called in too late, and the FBI and the Department of Homeland Security downplayed the threat of violence.
Image: Al Drago/Getty Images
Is a Trump comeback possible?
Many political analysts predict Donald Trump will run again in the 2024 presidential election. While his supporters would be elated, critics would surely regard this as a nightmare come true. Until now, Trump has weathered practically all political scandals — not even his role in the January 6 Capitol attack seems to have undermined a potential comeback.
Image: Allison Bailey/NurPhoto/picture alliance
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What did the court say?
The US Court of Appeals for the District of Columbia Circuit said Tuesday that Trump's immunity claim was "unsupported by precedent, history or the text and structure of the Constitution."
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The panel wrote that the "interest in criminal accountability" held by the Executive Branch of the US government "outweighs the potential risks" of such accountability hampering presidential action and "permitting vexatious litigation."
"For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant," the panel wrote.
However, Tuesday's decision is not the final blow for Trump, as he is expected to continue appealing his claims of executive immunity to the US Supreme Court.
In December, the Supreme Court refused to rule on Trump's immunity claims, deferring to the lower appeals court.
Trump court ruling: DW's Janelle Dumalaon reports
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All eyes on trial date
The timing of if or when Trump will stand trial in the election interference case has huge political ramifications.
Trump is the Republican frontrunner for the 2024 US presidential elections, and the protracted appeals process could push any trial date past election day in November.
If Trump wins the presidency, he could potentially use could his position to order a new attorney general to dismiss the federal cases or try to pardon himself.
The trial was originally set for March, but it was postponed last week due to the appeals process, and the judge didn't immediately set a new date.
Trump also faces three other criminal prosecutions. In Florida he is being charged with illegally retaining classified documents at this Mar-a-lago estate. In Georgia, Trump is being charged with conspiring to subvert the 2020 election in the state.
And in New York he is facing charges in connection to hush money payments made to a porn actress. He is also being sued for fraud in a New York civil case.