Judge rejects Trump’s claim of immunity in election interference case

WASHINGTON (AP) — Donald Trump is not immune from prosecution in his election interference case in Washington, a federal judge ruled Friday, knocking down the Republican’s bid to derail the case charging him with plotting to overturn the 2020 presidential election.

U.S. District Judge Tanya Chutkan’s decision amounts to a sharp rejection to challenges the Trump defense team had raised to the four-count indictment in advance of a trial expected to center on the Republican’s multi-pronged efforts to undo the election won by Democrat Joe Biden.

Though the judge turned aside Trump’s expansive view of presidential power, the order might not be the final say in the legal fight. Lawyers for Trump, who has denied any wrongdoing, are expected to quickly appeal to fight what they say an unsettled legal question.

In her ruling, Chutkan said the office of the president “does not confer a lifelong ‘get-out-of-jail-free’ pass.”

“Former Presidents enjoy no special conditions on their federal criminal liability,” Chutkan wrote. “Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office.”

Chutkan also rejected Trump’s claims that the indictment violates the former president’s free speech rights. Lawyers for Trump had 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, and they accused prosecutors of attempting to criminalize political speech and political advocacy.

But Chutkan said “it is well established that the First Amendment does not protect speech that is used as an instrument of a crime.”

“Defendant 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,” she wrote.

An attorney for Trump declined to comment Friday evening.

Her ruling comes the same day the federal appeals court in Washington ruled that lawsuits brought by Democratic lawmakers and police officers who have accused Trump of inciting the U.S. Capitol riot on Jan. 6, 2021, can move forward.

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