Government
Feb. 13, 2024
Upholding the rule of law
The D.C. Circuit ruled that a former president can be prosecuted for crimes committed in office and rejected Trump’s claim of absolute immunity for his efforts to undermine the 2020 election.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
The ruling of the United States Court of Appeals for the District of Columbia Circuit in United States v. Trump, on Feb. 6, was a stunning affirmation of the rule of law. The significance of this historic decision should not get lost amidst the attention paid to the Supreme Court hearing oral arguments two days later in Trump v. Anderson. The D.C. Circuit’s ruling is the first time that a federal court of appeals has expressly held that a former president may be pros...
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