U.S. District Judge, Tanya Chutkan, ruled against Former President Donald Trump’s claim to presidential immunity in criminal and civil charges of interfering in the 2020 election.
In her ruling, Chutkan stated that holding the office of the president “does not confer a lifelong ‘get-out-of-jail-free’ pass.”
Chutkan also rejected Trump’s claims that the indictment violates the former president’s free speech rights. Lawyers for Trump argued that he was within his First Amendment rights to challenge the outcome of the election and to allege that it had been tainted by fraud. His lawyers additionally accused prosecutors of attempting to criminalize political speech and political advocacy.
Chutkan challenged this notion, stating that, “it is well established that the First Amendment does not protect speech that is used as an instrument of a crime.” She went on to state that Trump “is not being prosecuted simply for making false statements … but rather for knowingly making false statements in furtherance of a criminal conspiracy and obstructing the electoral process.”
Chutkan’s ruling was finalized on the same day the federal appeals court in Washington ruled that a criminal lawsuit brought by Democratic lawmakers and police officers, all of which have accused the former president of inciting the U.S. Capitol riot on Jan. 6, 2021, can move forward.
The federal appeals court similarly rejected Trump’s claims that presidential immunity shields him from liability.
The legal team for the former president argued with the federal appeals court ruling citing the criminal case, which is scheduled to go to trial in March, should have been dismissed because the former president is shielded from prosecution for actions he took while fulfilling his duties as president.
Special counsel, Jack Smith, stated that there is nothing in the Constitution, or in court precedent that supports the idea that a former president could not be charged or prosecuted for criminal conduct committed while in office.
The criminal case Trump is set to face in March is one of four criminal cases he is facing as he seeks to reclaim his presidency in the 2024 elections.