Donald Trump Seeks Immunity from Election Subversion Case in Federal Appeals Court
Donald Trump is actively pursuing legal avenues to evade criminal prosecution in a federal election subversion case in Washington, DC. In a recent development, Trump urged the DC Circuit Court of Appeals to overturn a lower-court ruling that rejected his claims of presidential immunity. This request comes after the Supreme Court declined to expedite the case as requested by special counsel Jack Smith.
In a filing late Saturday, Trump's legal team reiterated their longstanding argument that the former president is protected under presidential immunity. They assert that Trump was acting in his official capacity as president to "ensure election integrity" when he allegedly undermined the 2020 election results. According to his lawyers, this grants him immunity, and his indictment is unconstitutional because presidents cannot be criminally prosecuted for "official acts" unless impeached and convicted by the Senate.
Trump's attorneys argue that the Constitution safeguards against the abuse of criminal prosecution as a political tool against a president. They assert that before any prosecution can proceed, Congress must approve it through impeachment and conviction, a step that was not taken in Trump's case. They claim this affords Trump "absolute immunity."
The former president is attempting to delay his trial scheduled for March 4, and this fight over the immunity claim is central to those efforts. The appeals court has expedited its review of the appeal, with oral arguments set for January 9. In the meantime, District Judge Tanya Chutkan, overseeing the criminal case, has paused all procedural deadlines while the appeal is pending.
The Supreme Court's recent decision to reject Smith's request for an immediate hearing keeps the case in the DC Circuit for now, though both sides can appeal the eventual appeals court ruling to the Supreme Court.
Judge Chutkan previously dismissed Trump's immunity claims, stating that his presidency did not grant him the "divine right of kings" to evade criminal accountability. She also rejected arguments from Trump’s attorneys that his actions to "ensure election integrity" as president protect him under presidential immunity.
Trump's legal team, in their latest filing, criticized Chutkan's dismissal, arguing that punishment of a president is a political matter primarily belonging to Congress and the Senate. They warn that Trump’s indictment could lead to future cycles of politically motivated prosecutions, adversely affecting the nation for decades.
This ongoing legal battle highlights the complexities and unprecedented nature of the case, as Trump and his legal team navigate the intricacies of presidential immunity and constitutional law in the face of serious allegations related to the 2020 election.
