Washington
CNN
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A federal appeals court will hear arguments Tuesday over whether Donald Trump is immune from prosecution for actions he took after the 2020 election, a decision that could determine his legal and political fate in 2024. This is one of the important issues that may arise.
Mr. Trump is scheduled to attend oral arguments before the U.S. Court of Appeals for the District of Columbia Circuit, where a three-judge panel will hear special counsel Jack Smith’s case against him based on Mr. Trump’s immunity claims. Determine whether the federal charges filed should be dismissed.
Trump’s appearance at the 9:30 a.m. ET hearing on Tuesday, less than a week before the Iowa caucuses, made the four criminal charges against him a key part of his argument. This highlights how intertwined Trump’s legal and political careers are. His supporters in the 2024 election campaign.
The immunity issue is expected to end up before the Supreme Court, and is one of several important issues related to Trump that the high court will take up this year. On Friday, the U.S. Supreme Court announced it would review the Colorado Supreme Court’s unprecedented decision to exclude Trump from the state’s ballot next month.
Mr. Trump is facing four charges in connection with Mr. Smith’s alleged destruction of the election, including conspiracy to defraud the United States and obstruct official proceedings. The former president has maintained his innocence.
Here’s what you need to know about Tuesday’s debate.
District Judge Tanya Chutkan refused to dismiss election-subversion charges against Trump, ruling that there is no absolute immunity for Trump’s words and actions after the 2020 election.
“No matter what immunity a sitting president enjoys, there is only one Chief Executive of the United States at a time, and that position does not confer a lifetime ‘get out of jail free’ pass,” Chutkan wrote. “Former presidents have no special qualifications regarding federal criminal liability.”
Mr. Trump appealed this decision to the Court of Appeals.
Trump’s lawyers said Trump sought to overturn the 2020 election because, as part of his official capacity as president, he was working to “ensure election integrity” and therefore would be immune from criminal prosecution. He insisted that his actions were within the scope of his duties as president.
01:56 – Source: CNN
CNN legal analyst analyzes the strength of President Trump’s immunity claim
Smith denied Trump’s claim of absolute immunity, arguing in a filing last month that Trump’s sweeping claims “could authorize criminal conduct to remain in office.” did.
The former president also argued that the Justice Department cannot charge him with impeachment charges because the Senate acquitted him on the impeachment charge within weeks of the Jan. 6, 2021, attack on the Capitol.
The three judges who will hear Trump’s case on Tuesday are: J. Michelle Childsa Joe Biden appointee. florence pan A person nominated by Biden.and Karen LeCraft Hendersonan appointee of George H.W. Bush.
Henderson has previously discussed several issues involving the former president, including whether Congress can access Trump’s tax records and whether the House can enforce a subpoena against former White House adviser Don McGahn. has tried the lawsuit. She has repeatedly expressed her concerns about upholding special protections related to the presidency in her previous opinions.
Childs was placed on the bench in July 2022. She was on Mr. Biden’s list of candidates to replace retiring Supreme Court Justice Stephen Breyer, but Mr. Biden ultimately chose Ketanji Brown Jackson. Prior to joining the Court of Appeals, Mr. Childs served as a federal judge in North Carolina since 2010.
Pan was nominated by Biden to the Court of Appeals in mid-2022 to fill the seat vacated by Jackson after he was confirmed to the Supreme Court. Mr. Pang previously served as a Superior Court and District Court judge in Washington, DC, for more than 10 years.
John Sauer A lawyer will argue on Trump’s behalf.
james pierce An attorney will present arguments on behalf of the Office of the Special Counsel.
Trial timing and 2024 campaign on collision course
The appeals court hearing will be the latest courtroom Trump will address as part of his presidential campaign.
Trump will attend Tuesday’s arguments but will not be asked any direct questions by the justices. He will then head to Iowa ahead of Monday’s caucuses, but will return to the East Coast on Thursday to attend closing arguments in his civil fraud trial in New York. (Both appearances are voluntary.)
Mr. Trump has made the four criminal charges against him, including two against Mr. Smith, a central focus of his presidential campaign, repeatedly denouncing both the criminal and civil charges against him for election interference.
For Smith, the appeals court’s efforts are important not only for the prosecution to withstand the former president’s challenges, but also for influencing how quickly the trial against Trump takes place.
Mr. Chutkan had originally scheduled his election destruction trial for March, but that deadline has been suspended while Mr. Trump’s appeals proceed. Regardless of the appellate court’s decision, the issue of presidential immunity will likely end up in the Supreme Court, and the timing of the trial remains undetermined and could be postponed.
Late last year, Smith took the unusual step of asking the Supreme Court to quickly dispose of the presidential immunity issue, bypassing an appeals hearing. But the justices rejected the request without comment or dissent.
Appellate judges could issue a written ruling at any time after Tuesday’s hearing in the federal election-subversion case. He doesn’t dominate from the bench.
In addition to an appeal to the Supreme Court, either side could request that the case be reheard by the entire D.C. Court of Appeals, which could cause further delays.
The issue of presidential immunity is not limited to the election destruction case by the special prosecutor.
On Monday, President Trump made a similar immunity claim in the election-subversion case brought by Fulton County District Attorney Fani Willis, saying the case should be thrown out because it is protected from prosecution under presidential immunity. said.
Several courts have already ruled against Trump on the issue of presidential immunity and civil lawsuits brought against the former president.
A Washington, D.C., appeals court ruled late last year that President Trump is not immune from a civil lawsuit brought by Congressional Democrats and Capitol Police officers in connection with the Jan. 6, 2021, attack on the U.S. Capitol. .
“He continues to enjoy immunity if he acts outside of his duties,” the court’s opinion states. “If he acts in an unofficial private capacity, he is subject to civil action like any other civilian.”
A federal appeals court in New York also rejected Trump’s presidential immunity claim seeking to delay a defamation trial in a lawsuit brought by E. Jean Carroll. A trial to determine how much damages Trump owes Carroll for defamation is scheduled to begin next week after a federal appeals court rejected Trump’s efforts to delay the trial.
