Trump and the GOP received two setbacks on Monday. First, a three-judge panel upheld a lower court ruling that Trump is not immune from criminal prosecution in the election interference case. In a 57-page decision, the D.C. Circuit Court of Appeals wrote, “For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant.”
As “Citizen Trump,” he no longer has the executive immunity available that might have protected him while he was in office.
Two of the judges on the panel—J. Michele Childs and Florence Pan—were appointed by President Biden. Karen LeCraft Henderson, the other judge, was appointed by George H.W. Bush.
There was no immediate response from Trump, but his legal team is certain to appeal the decision and send it to the Supreme Court, thereby joining other decisions about whether Trump should remain on the presidential election ballot in several states.
The other setback for the GOP, which hangs in the balance, is whether House Republicans have enough votes to impeach Homeland Security Secretary Alejandro Mayorkas. The entire process to begin with is rather specious in that it’s mainly to impeach him for carrying out Biden’s immigration policy on the border. In effect, he is accused of a breach of trust and refusing to comply with the law.
Two notable Republicans, Rep. Ken Buck of Colorado and Tom McClintock of California, have said they would oppose the impeachment. If the Democrats appear with full attendance, the GOP members could not afford to lose a single GOP vote. Moreover, no cabinet official has been impeached since 1876, although then, the votes on the articles each fell short of the two-thirds necessary and then Secretary of War William Belknap was acquitted. If the vote goes against the impeachment, it would be a huge embarrassment for Speaker Mike Johnson and stick a pin in his balloon to impeach President Biden.