By Katelyn Polantz | CNN
The federal judge presiding over former President Donald Trump’s 2020 election subversion case in Washington, DC, has refused to dismiss the charges against him, saying he does not enjoy absolute immunity for what he said and did after the election.
“The court cannot conclude that our Constitution cloaks former Presidents with absolute immunity for any federal crimes they committed while in office,” US District Judge Tanya Chutkan wrote.
This is an issue that likely must be settled by an appeals courts above Chutkan before Trump’s criminal trial, set for March.
The opinion–coming late Friday night after an appeals court said Trump could be sued in civil proceedings related to the January 6 riot – is a resounding blow on a significant question about presidential protections that Trump hoped to use as he tries to stave off criminal cases.
“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. Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office,” Chutkan wrote.
The difficulties that would come with prosecuting a sitting president versus a former president are very different, the judge also said, and “far less intrusive on the functions of the Executive Branch” – a finding that’s particularly problematic for Trump.
Chutkan’s ruling means that unless an appeals court steps in, she sees no issue with Trump being tried in the coming year.
This story is breaking and will be updated.