Trump denied immunity against U.S. election subversion charges

WASHINGTON — Donald Trump is not entitled to absolute presidential immunity against criminal charges over his efforts to overturn the 2020 presidential election, a federal judge ruled.

U.S. District Judge Tanya Chutkan on Friday rejected Trump’s early efforts to get the federal indictment in Washington tossed out, including his contention that he could not be prosecuted over actions he took after the 2020 election while he was president.

Trump’s “four-year service as Commander in Chief did not bestow on him the divine right of kings to evade the criminal accountability that governs his fellow citizens,” the judge wrote.

Chutkan also denied Trump’s separate motions to dismiss the case on the grounds that the charges are unconstitutional.

The judge’s decision is expected to be swiftly appealed by Trump’s legal team. His attorneys already have signaled they would challenge a loss on the immunity issue and believe all of the criminal case proceedings should be paused until that issue is fully litigated, potentially up to the U.S. Supreme Court.

A spokesperson for Special Counsel John “Jack” Smith’s office declined to comment. A Trump spokesperson did not immediately respond to a request for comment.

A trial in the federal election obstruction case against Trump is set to begin March 4. Trump’s lawyers have pushed for longer timelines in the case and unsuccessfully argued to delay a trial until after the 2024 general election in November.

Chutkan’s decision came hours after the U.S. Court of Appeals for the D.C. Circuit rejected Trump’s effort to claim presidential immunity against civil claims seeking to hold him responsible for the violence at the U.S. Capitol on Jan. 6, 2021.

The appeals court judges found he isn’t entitled to the immunity at this stage because the civil lawsuits alleged his postelection conduct was part of his political campaign, and not his official duties as president. The court said he could potentially revive the civil immunity fight later if he presented evidence that he was, in fact, carrying out official presidential responsibilities at the time.

The D.C. Circuit panel said it wasn’t ruling on the question of presidential immunity against criminal prosecution, only certain civil claims. But the decision offers a road map for Smith’s office to defend Chutkan’s decision once Trump appeals it to the same court.