Trump Might Be On The Trail — But His Actual Campaign Is Playing Out Elsewhere

Former President Donald Trump might be romping his way to the Republican nomination in state primary elections as he aims to retake the White House, but his actual campaign is happening in the courts, where he confronts real challenges. This week he faced two different cases and came out with a mixed outcome.

On Tuesday, the U.S. Court of Appeals for the District of Columbia Circuit issued its long-awaited decision on Trump’s argument that, as a former president, he has “absolute immunity” from prosecution for anything he did while in office and thus can’t face trial for his actions surrounding the Jan. 6, 2021, insurrection at the U.S. Capitol. The appeal emerged from special prosecutor Jack Smith’s investigation that led to four felony charges related to Trump’s efforts to overturn his 2020 election loss.

The panel that heard Trump’s appeal ― made up of two judges nominated by President Joe Biden and one nominated by President George H.W. Bush ― rejected, in no uncertain terms, Trump’s claim that ex-presidents can’t be prosecuted for crimes committed while in office unless they are first impeached and convicted. The judges particularly objected to the notion that a president can try to undermine the outcome of an election and face no consequences.

“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,” the decision states.

The judges said that, if proved, Trump’s alleged actions afterr the 2020 election were “an unprecedented assault on the structure of our government.” His claim of absolute immunity, they said, would “collapse our system of