Excerpts from Trump v. United States (DC Circuit Court of Appeals, February 6, 2024)
Is Trump immune from criminal prosecution for his unlawful efforts to overthrow his election loss in 2020?
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(“[T]he Founders . . . established a single Chief
Executive accountable to the people” so that “the blame [could]
be assigned to someone who can be punished.”).
Thus, the quadrennial Presidential election is a crucial check on
executive power because a President who adopts unpopular
policies or violates the law can be voted out of office.
Former President Trump’s alleged efforts to remain in
power despite losing the 2020 election were, if proven, an
unprecedented assault on the structure of our government. He
allegedly injected himself into a process in which the President
has no role — the counting and certifying of the Electoral
College votes — thereby undermining constitutionally
established procedures and the will of the Congress.
We cannot accept former President Trump’s claim that a
President has unbounded authority to commit crimes that
would neutralize the most fundamental check on executive
power — the recognition and implementation of election
results. Nor can we sanction his apparent contention that the
Executive has carte blanche to violate the rights of individual
citizens to vote and to have their votes count.”
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