Nonprofit watchdog group American Oversight issued the following statement following Tuesday’s oral arguments in the D.C. Circuit regarding former President Trump’s appeal of Judge Tanya Chutkan’s ruling that he is not immune from prosecution for his efforts to overturn the 2020 election.

Statement from American Oversight Executive Director Heather Sawyer:

“The questions raised by the judges during today’s hearing go to the heart of a bedrock principle of our democracy — that no one, including a former president, is above the law. In a democracy, a president cannot sell pardons or order the killing of a political opponent with impunity. Former President Trump is not immune from criminal prosecution for his efforts to overturn the 2020 election, and he should be held to the same procedures as other criminal defendants.

“As American Oversight’s amicus brief argues, the court should reject Trump’s efforts to use premature appeals to evade accountability. The case should be returned to the district court so his trial can move forward.”

During arguments, the Court of Appeals for the D.C. Circuit cited American Oversight’s Dec. 29 amicus brief, which argues that the appellate court lacks jurisdiction to hear Trump’s immunity appeal but could still issue an opinion on the merits of Trump’s argument.

When asked directly by the judges, Trump’s legal team failed to point to a constitutional or statutory provision that expressly shields him from standing trial as required under the test articulated by the Supreme Court in Midland Asphalt Corp. v. United States. This means that Trump’s appeal is premature and the case should be returned to Judge Chutkan for trial.