A federal appeals court panel strongly suggested Tuesday that it would reject former President Donald Trump’s claims of immunity from criminal charges related to his effort to subvert the 2020 election.
With Trump looking on, a three-judge panel expressed deep skepticism of his contention that a president could not be prosecuted — even for assassinating a rival or selling military secrets — if he were not first impeached and convicted by Congress.
“I think it’s paradoxical to say that his constitutional duty to take care that the laws be faithfully executed allows him to violate criminal law,” said Judge Karen Henderson, a George H.W. Bush appointee.
Despite that inclination, the three judges — who also include Biden appointees Florence Pan and Michelle Childs — appeared divided during Tuesday’s oral argument over how broad a ruling to issue. Their ruling, no matter where they land, is likely to trigger a race to the Supreme Court and a final determination about whether Trump’s criminal trial in Washington, D.C. will take place this year.