(PatriotSpotlight.org) – A case involving former president Trump’s claim of presidential immunity from prosecution for his involvement in a riot on the Capitol on January 6, 2021, is being considered by a United States Court of Appeals in the Washington D.C. Circuit.
It is a three-judge panel. Two of the justices were appointees of President Joe Biden.
The initial charge against Trump is that his claim that the election was stolen from him in 2020 led to the attempt at an insurrection by his followers. The Trump team believes the case should be dropped because Trump enjoyed presidential immunity.
The judges were skeptical of the immunity assertions that Trump’s legal team were advancing.
The remainder of the lawsuit may proceed if the court quickly decides on Trump’s immunity claim. There could be a decision in the next few days. The Trump team has indicated that they intend to challenge an unfavorable ruling and would appeal to the US Supreme Court.
According to former New Jersey Superior Court Judge Andrew Napolitano, the federal appeals court will reject Trump’s claims of immunity in a ruling that is expected either on Friday or Monday.
He also doubted that the US Supreme Court would consider the appeal.
While appearing on Newsmax’s “Wake Up America,” Napolitano expressed his belief that the federal appeals court would uphold the trial judge.
U.S. District Judge Tanya Chutkan ruled on December 1 that Trump may be charged for seeking to alter the 2020 presidential election results.
That protection only applies to Trump’s official activities as president, not to “anything he does to support his reelection,” is one of the obstacles he faces, according to Napolitano.
The former Superior Court Judge was essentially the law of the land before filing this lawsuit against him.
Napolitano did concede that it is still possible he may receive immunity from that jury if they conclude at trial that what he did on January 6th was in furtherance of his job as president of the United States.
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