NOW: Donald Trump is not immune

What you may have missed:

A three-judge federal appeals court smacked down Donald Trump on Tuesday — ruling unanimously that he (and any former president!) is not immune from criminal prosecution. Read more below:

“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the judges wrote in a 57-page ruling. “But any executive immunity that may have protected him while he served as president no longer protects him against this prosecution.”

What this means:

This is a good day for democracy. A good day for the rule of law. A good day for everyone — regardless of their title, wealth or stature — being held accountable.

Because, ultimately, this isn’t just about Donald Trump. It’s about whether the rules apply to everyone equally. About whether, because you once served as president, you should be allowed to behave in ways that no other American citizen would be allowed to do.

“Trump's stance would collapse our system of separated powers by placing the President beyond the reach of all three Branches,” the Justices wrote. “We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter.”

YES to all of that. We live in a democracy, not a dictatorship. Today’s ruling affirms that fact. Thank God.

At the heart of the case was Trump’s attempt to get himself out from under the coming criminal prosecution he faces for his role in attempting to overthrow the results of the 2020 presidential election.

During oral arguments for the case, which took place nearly a month ago, Trump’s lawyers had argued that he could NEVER be held accountable for actions he took as president.

One of the appeals court judges — Florence Y. Pan — asked Trump’s attorney whether “a president who ordered SEAL Team 6 to assassinate a political rival, who was not impeached, would he be subject to criminal prosecution?”

Trump’s attorney said the answer was a “qualified yes” — saying that Trump could only be prosecuted for ordering the assassination of a political rival IF he had been impeached by the House and convicted by the Senate.

A ruling in Trump’s favor on the immunity question would then have allowed a president to do literally ANYTHING with minimal (or no) fears of punishment.

Whether you are a Democrat, a Republican or you don’t care about politics at all, that would be a MASSIVELY dangerous precedent to set.

So, where do we go from here?

Trump has until February 12, according to the appeals court order, to ask the Supreme Court to wade into the matter. (A spokeswoman for Trump said on Twitter Tuesday he would appeal.)

SCOTUS can choose to reject the issue out of hand — as it did with the ridiculous attempt to overturn the 2020 results in swing states led by Trump allies — or add it to its docket.

According to Supreme Court expert Steve Vladeck, the Supreme Court would likely issue a ruling in June — if it decides to take up the case.

IF the Court does decide to hear Trump’s appeal, that will have a domino effect on special counsel Jack Smith’s prosecution of Trump for his actions taken after the 2020 election, which were designed to change his loss to a win. That trial is currently on hold — awaiting this decision on Trump’s immunity.

But, all of that is for another day. Today is a day to note that the system is working as it should. Presidents (and ex-presidents) are citizens just like the rest of us — and need to be held accountable if they do something that is criminal.

Politics aside, that is something we should ALL be able to agree on.

I would like to add something further:

As an independent journalist, following even most of Donald Trump’s trials is tiring work. But days like today are good because they make me feel democracy can win the day. I will continue to be on the front lines, but I absolutely cannot do it without you.

It’s a very simple proposition. The more paid supporters I get, the more resources I have to continue covering candidate Trump and delivering the truth. Today I am only three paid supporters away from today’s goal. Can you help me reach it by upgrading today?👇

Thank you for being on this journey with me! -Chris