President Trump attends court hearing on presidential immunity request

Former President Donald Trump has argued that special counsel Jack Smith’s prosecution in connection with the election destruction scandal should be granted presidential immunity. His lawyers are scheduled to argue Tuesday in a federal appeals court.

The criminal indictment alleges that Trump and his co-conspirators “attempted to take advantage of the violence and chaos at the Capitol by making telephone calls to persuade members of Congress to delay certification” of the election.

A trial is scheduled for March 4, but the proceedings have been paused while appeals over the immunity claim proceed.

Federal judge refuses to dismiss charges against Trump: In early December, U.S. District Judge Tanya Chutkan, who is presiding over the criminal case, said President Trump does not enjoy absolute immunity for his actions after the 2020 election.

“The court cannot conclude that our Constitution masks absolute immunity for federal crimes committed by former presidents while in office,” Chutkan wrote.

Trump’s lawyers told Chutkan that Trump, who allegedly undermined the 2020 election results, was working to “ensure election integrity” as part of his official capacity as president, and therefore He had asked that the four charges he faced be dropped because they were protected by privilege.

“No matter what immunity a sitting president may receive, there is only one chief executive of the United States at a time, and that position does not provide a lifetime ‘get out of jail free’ pass. Former presidents are subject to federal criminal charges.” “There are no special conditions regarding liability. Defendants may be subject to federal investigation, indictment, prosecution, conviction, and punishment for criminal acts committed while in office,” Chutkan wrote.

Trump’s lawyers are appealing Chutkan’s decision. The Trump campaign asked the appeals court to review the immunity decision and dismiss the criminal case for federal election destruction again.

Trump’s lawyers said Saturday that Chutkan “missed what the Founders of the Nation recognized: Presidential punishment is irredeemably political and therefore primarily the most politically culpable.” It belongs to the branches, the Congress, and ultimately the Senate.”

The appeal argues that the former president’s lawyers have repeatedly argued that Trump is acting in an official capacity and cannot be criminally prosecuted for “official acts” unless the Senate impeaches and convicts him. , has repeatedly argued that his prosecution is unconstitutional.

Mr. Smith asks the U.S. Supreme Court to consider: On December 22, the Supreme Court denied Mr. Smith’s request to expedite arguments on whether President Trump has immunity from federal prosecution. The court did not explain its reasons, and there were no notable dissenting opinions.

An expedited hearing on the matter was already underway in the D.C. Circuit, which had scheduled oral arguments for Tuesday. Smith’s team had tried to get judges to intervene in advance to avoid the appellate court.

Both sides have the option of appealing the final ruling by the D.C. Circuit Court of Appeals to the high court. President Trump’s strategy has been to delay criminal proceedings, including instituting a lengthy fight over immunity issues that must be resolved before going to trial.