Former President Trump Holds Campaign Rally Day Before New Hampshire Primary In Laconia, New Hampshire

Trump should not get immunity, 2 out of 3 Americans say

About two-thirds of U.S. adults do not think former President Donald Trump should have immunity from criminal prosecution for actions he took while president, according to a PBS NewsHour/NPR/Marist poll to be released Wednesday. The majority of Americans are aligned with a new federal appeals court ruling that found Trump can stand trial on charges tied to a plot to overturn the 2020 presidential election.

The D.C. Court of Appeals said Tuesday that, being a citizen of the United States, the Republican presidential candidate (and his party’s likely nominee) had “all of the defenses of any other criminal defendant,” but was not above the law.

“It would be a striking paradox if the President, who alone is vested with the constitutional duty to ‘take Care that the Laws be faithfully executed,’ were the sole officer capable of defying those laws with impunity,” the judges wrote. Trump is expected to appeal the decision.

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Chart by Jenna Cohen/PBS NewsHour

Overall, 64 percent of U.S. adults say Trump should not receive immunity from prosecution. Conducted Jan. 29 to Feb. 1, the poll showed that 91 percent of Democrats and 65 percent of independents think Trump should not be insulated from accountability for actions he took while president. Trump was indicted by a grand jury in August over alleged efforts that threatened the peaceful transfer of power, leading up to the Jan. 6 riot at the U.S. Capitol.

A majority of Republicans – 68 percent – said Trump should be granted immunity for his actions. White evangelical Christians and people who voted for Trump in the 2020 election were among the ex-president’s most ardent supporters on this question. In addition to Trump’s legal team arguing in the courtroom that he deserves immunity, Trump has often made the same claim on the campaign trail.

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Chart by Jenna Cohen/PBS NewsHour

These polling data offer one of the latest snapshots reflecting where the public stands on Trump’s legal problems and whether it might affect — or not — voter support.

“Overwhelmingly, voters believe he should not” receive immunity, said Amy Walter of the Cook Political Report with Amy Walter. But what remains less obvious, Walter cautioned, is how general election voters will behave if the Republican Party nominee is on trial in early November or has a recent criminal conviction.

“It is still a theoretical, hypothetical conversation that will feel and look very different to voters in the fall,” she said. “We can’t really predict that.”

READ MORE: Trump’s 2024 trials: Where they stand and what to expect

Trump is the first former president in U.S. history to face criminal charges. Additional charges from other cases revolve around election interference in Georgia, withholding classified documents and payments of hush money. Tuesday’s decision marks the second time in as many months that a court has ruled that Trump is not immune from criminal prosecution.

The PBS NewsHour, NPR and Marist Poll conducted a survey on Jan. 29 through Feb. 1 that polled 1,582 U.S. adults with a margin of error of 3.4 percentage points, 1,441 registered voters with a margin of error of 3.6 percentage points, and 601 Republicans and Republican-leaning independents with a margin of error of 5.5 percentage points.

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