The former president asked the court to dismiss his 2020 election conspiracy case on the grounds of “presidential immunity.”
For what? Let’s look at the details to find out the answer.
Why Trump is appealing to the court to block 2020 election lawsuits
Former United States President and 2024 presidential candidate Donald Trump has appealed to the courts to block prosecutions in his 2020 election conspiracy case.
U.S. Justice Department Special Counsel Jack Smith indicted the former president in August on four criminal charges for his attempts to overturn the results of the 2020 presidential election and incite an attack on the capitol on January 6, 2021.
On Saturday, Trump’s legal team filed a request with a federal appeals court to dismiss criminal charges against the former president for seeking to alter his defeat and threaten the U.S. Constitution.
In a 71-page brief filed with the United States Court of Appeals for the District of Columbia Circuit, his lawyer argued that Trump was “absolutely immune” from the charges because the alleged conduct was produced while he was President of the United States.
The lawyers argued that the former president took necessary steps to ensure fair results in the 2020 election and that the alleged actions fell within his official duties as president and, therefore, were immune from criminal prosecution .
Smith appealed to the U.S. Supreme Court to rule on the issue of Trump’s immunity. However, on Friday, the Supreme Court rejected Smith’s appeal to intervene, leaving the case before the D.C. Circuit Court of Appeals. The trial is scheduled for March 4, 2024.
Legal proceedings and potential trial delays
Smith pleaded with the D.C. Circuit Court of Appeals for early trials to begin on the scheduled date in the public interest. But Trump’s 2020 election subversion case is on hold until the immunity question is resolved. The DC Court of Appeals agreed to hear the case on January 9.
The case could likely end next month if the three-panel judge rules in Smith’s favor. But Trump requested that if the panel rules against him, he delay sending the case back to the district court to give him time to decide whether to appeal to the Supreme Court. This process could take up to three to four months.
Trump’s legal team has attempted to delay the trials until after the 2024 election, hoping to win the White House in 2024 so the former president can pardon himself as president of the United States.
Trump’s 2020 Election Appeal: Testing Presidential Immunity
As the presidential primaries approach, Trump’s legal team has consistently tried to delay his 2020 election conspiracy trials.
Trump first filed a motion to dismiss his 2020 election conspiracy case on the grounds of “presidential immunity” on October 5, 2023.
The filing was filed Saturday after a lower court rejected Trump’s appeal to consider his presidential immunity.
In his recent filing before the United States Court of Appeals for the District of Columbia Circuit on Saturday, Trump’s lawyer relied on provisions of the U.S. Constitution regarding the office of the president in seeking dismissal of the charges criminal charges related to his attempts to prevent President Biden’s victory. .
His main argument centered on presidential immunity, claiming that his actions after the 2020 election, which included pressuring state officials to change election results and making public statements about voter fraud, fell within the responsibilities of his presidential duties and could not be prosecuted.
Missouri-based attorney John Sauer and other members of Trump’s legal team wrote in their filing: “In the 234 years from 1789 to 2023, no current or former president has ever been criminally prosecuted for official acts. This unbroken tradition died this year, and the historical fallout is enormous. The indictment of President Trump threatens to launch cycles of recriminations and politically motivated prosecutions that will plague our nation for many decades to come and risk shattering the very foundation of our republic, the trust of American citizens in an independent judiciary.
Trump’s lawyers have also argued that presidential immunity is important in ensuring the separation of powers between the executive and judicial branches of government. They demanded that Trump’s criminal case be dismissed because the Senate failed to convict him in his second impeachment trial in 2021. Under the U.S. Constitution, presidential impeachment is a political process, not a criminal one. .
Also read | Trump’s election eligibility faces challenges in these other states
The filing said: “Under our system of separate powers, the judiciary cannot judge the official actions of a president. The indictment against President Trump is illegal and unconstitutional. It must be rejected. »
Trump and his supporters have called the affair politically motivated to hijack his presidential campaign.
On Sunday, the former president commented on the matter on his Truth Social platform: “I was doing my duty as president by revealing and deepening the investigation into a rigged and stolen election. It was my obligation to do so, and the evidence found is voluminous and irrefutable.
At the same time, opponents have argued that presidential immunity does not extend to criminal acts and that the separation of powers does not protect the president from legal proceedings and potential trials for his criminal conduct.
Smith also argued that Trump’s official duties as president do not include efforts to threaten state officials with changing the results of the 2020 election and raising false claims of voter fraud.
Trump has denied any wrongdoing in connection with the 2020 election and has pleaded not guilty to all charges, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, attempted obstruction of official proceeding and conspiracy against voters’ rights.
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