Following Donald Trump’s denial of criminal immunity, what comes next?

Even as he runs for president once again, Donald Trump is getting closer to facing trial for his efforts to rig the 2020 election after losing an appeal court case on his immunity from prosecution.
The decision on Tuesday upholds the prosecution’s main argument, which is that the former president has the same legal rights as any other citizen.

However, the US Court of Appeals for the DC Circuit’s three-judge panel may not be the last say-so.The decision against the front-runner for the Republican nominee, Trump, is pending his appeal to the US Supreme Court until February 12. He may also request a rehearing of the case by the whole DC Circuit. It is not necessary for any court to hear his appeal.
In an effort to reverse President Joe Biden’s win, Special Counsel Jack Smith is pressing for Trump to go on trial for his acts, which led to the riot at the US Capitol on January 6, 2021. Following the decision, Trump’s campaign began soliciting money right away, and his spokesperson Steven Cheung issued a caution.
“Every future president who leaves office will be immediately indicted by the opposing party if immunity is not granted to a president,” Cheung said. “A president of the United States could not carry out their duties effectively if they were not granted complete immunity!”
Here are some salient points from the decision:
“Trump the Citizen”
The panel concluded unanimously that Trump could not claim that his position as president shields him from punishment.
“Former President Trump has turned into a citizen, entitled to the same defenses as any other accused criminal. But he is no longer shielded from this prosecution by any executive immunity that may have applied to him when he was President.
“An unprecedented attack”
The panel said that if verified, Trump’s purported acts to maintain his position of authority constituted “an unprecedented assault on the structure of our government.” He reportedly interfered with the Electoral College vote counting and certification process, which is beyond the purview of the president, undermining congressional will as well as legally mandated processes.
“Aggrandize the presidential office, already so potent and so relatively immune from judicial review, at the expense of Congress” would be the effect of extending his immunity.
“Carte Blanche”
According to the panel, the president is far above everyone else in public life as head of state, with unparalleled power that may neutralize those who are meant to balance it. They claimed, however, that this authority is restricted to elections.
“We cannot accept the assertion made by the former president Trump that a president is unconstrained in his ability to conduct crimes that would undermine the most important restraint on executive authority, which is the acceptance and execution of election results. We also cannot support his alleged claim that the executive branch has unrestricted authority to deny individuals their right to vote and have their ballots counted.
division of powers
The panel concluded that Trump’s actions would compromise the division of powers among the three institutions of government: the legislative, executive, and judiciary.
The court concluded that, “in essence, former President Trump’s actions would destroy our system of divided powers by putting the president above the jurisdiction of all three branches.”
“The president would not be subject to congressional legislation, executive prosecution, or judicial scrutiny if he were to have presidential immunity from federal indictment. We are unable to believe that the presidency puts its prior holders above the law going forward.
Not twofold jeopardy
The panel decided that Trump is still subject to prosecution notwithstanding the US House of Representatives’ second attempt to impeach him. His attorneys said that he faces “double jeopardy” if he is prosecuted in a criminal court because of his Senate trial on January 6.
However, the judges decided that the indictment against Trump does not allege the same crime that the House did in order to impeach him, and that impeachment is not equivalent to criminal punishment.
“The overwhelming weight of historical authority suggests that the Framers intended both ordinary criminal prosecution and impeachment as consequences for public officials,” the ruling states.
Capacity to govern: According to Trump, a decision against him would make it more difficult for a president to act in office without worrying about facing criminal charges or retaliatory prosecutions. The group concluded that having the kind of “fair and accurate judicial proceedings” that criminal trials provide is more crucial.
It can be shown from recent history that presidents before Trump, among others, were aware that they were not “wholly immune from criminal liability for official acts” while in office.
To avert Nixon’s post-resignation prosecution, for example, both previous presidents apparently felt it was important for Gerald Ford to pardon Richard Nixon. Independent Counsel Robert Ray agreed not to prosecute Bill Clinton in return for a five-year suspension of his legal license and a $25,000 fine. Additionally, Trump’s attorney said that prosecution—to which no former officeholder is immune—was the most proper course of action during the second impeachment attempt.
What does Trump do next?
Trump has until February 12 to seek the US Supreme Court to take up the matter, according to the appellate court. The nine justices would probably have more arguments—possibly on an accelerated basis—before rendering a verdict if the supreme court grants his petition. The ruling made by the appellate court will be upheld and Trump will have to face trial if the Supreme Court decides not to hear the case.
Trump may potentially ask for a new hearing before the DC Circuit’s whole panel. Tuesday’s ruling would remain in force until the court made its judgment since such a “en banc” review is not often granted. This implies that the trial court would hear the matter. The rehearing may be postponed once more if it were approved.
A trial for Trump, who is accused of three additional crimes, would be further postponed by any of these actions.