The U. S. Court of Appeals for the Second Circuit, in a unanimous ruling, rejected the claim by Donald J. Trump that he is immune from prosecution for acts he took while he was president, upholding Judge Tanya Chutkan’s previous ruling to that effect. The decision refers repeatedly to the charges against Trump that he attempted to overturn the results of the 2020 presidential election in a bid to remain in power, at one point listing the offenses he is accused of committing under three separate federal statutes – “conspiracy to defraud the United States under 18 U. S. C. § 371; conspiracy to obstruct and obstructing an official proceeding under 18 U. S. C. §§ 1512(c)(2), (k); and conspiracy to deprive one or more individuals of the right to vote under 18 U. S. C. § 24.”
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The Court of Appeals rejected every one of Trump’s legal claims – that he was simply carrying out his role as president under the “Take Care Clause” of the Constitution, that his actions were “official acts” that cannot be prosecuted because the president is protected from lawsuits and prosecution while in office, and that the charges against him amounted to “double jeopardy” because he had been impeached and found not guilty by the Senate.
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