CHARLOTTESVILLE, Va. (CBS19 NEWS) -- On Tuesday, an appeals court in the nation’s capitol rejected former President Donald Trump's claims that he's immune from prosecution for his actions while in the White House and leading up to the attacks on the capitol.

Trump will appeal the decision, though it's unclear whether he will ask the full D.C. Circuit or the Supreme Court to review the panel's decision.

"There's a decent chance that the Supreme Court denies cert, or essentially says, 'We aren't going to take this because the DC circuit got it right and issued a well-reasoned opinion," said Tim Heaphy, who led the House investigation into the January 6 attacks.

Former United States Representative from Virginia's 5th congressional district, Denver Riggleman, who served a few months on the House Select Committee, had the same reaction.

"It's not a surprise to me, and I've seen so much evidence that I can imagine that also the lawyers that presented the evidence or the judges who saw the evidence that the same thing said, 'You don't have immunity for breaking the law if you are president of the United States," he said.

Riggleman thinks the Supreme Court should take up the case.

"I do think these judges, at the end of the day, when it comes to this issue, I do believe they'll rule the correct way. Again, I'm not an attorney, I am certainly not a judge, but nobody should be above the law," he said.

At the end of the day, though, Riggleman says whatever happens could be a win-win for Trump

"If it gets to the Supreme Court and the Supreme Court reverses the lower court’s decision, that's a win. If they delay this long enough, cause even if it goes to the Supreme Court, it still has to go to trial, which is going to go into the election season, and I believe the government took too long to take these actions," he said.

J. Miles Coleman with the UVA Center for Politics says that for voters, it should be clear that this election is shaping up to be very different, with Trump, who remains the GOP frontrunner, involved in complex trials. He also says this could hurt his chances with independent voters.