By Donald Trump has once again called on a federal appeals court to dismiss the federal election subversion criminal case in Washington, DC. In a recent filing on Saturday, he reiterated his argument that he is shielded by presidential immunity.
Trump is seeking the DC Circuit Court of Appeals to reverse a lower-court decision that dismissed his assertions of immunity in the election subversion case led by special counsel Jack Smith. The appeals panel is currently considering Trump’s request, which the Supreme Court declined to expedite on Friday, in response to Smith’s request.
The document restates the consistent claim made by the ex-president’s legal team, emphasizing that Trump, in his role as president, was dedicated to “ensuring election integrity” during the purported undermining of the 2020 election results. Consequently, they argue that he is entitled to immunity, asserting the unconstitutionality of his indictment. They contend that presidents cannot face criminal prosecution for “official acts” unless they undergo impeachment and conviction by the Senate.
On Saturday, Trump’s legal team asserted that the Constitution sets up a robust structural safeguard to prevent political factions from misusing the significant threat of criminal prosecution to incapacitate the President and target their political adversaries.
On Saturday, Trump’s legal team asserted that the Constitution sets up a robust structural safeguard to prevent political factions from misusing the significant threat of criminal prosecution to incapacitate the President and target their political adversaries.
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They stated, “Before any individual prosecutor seeking a court’s assessment of the President’s actions, Congress must endorse it through the impeachment and conviction of the President.” They further asserted, “This did not occur in this case, therefore President Trump possesses absolute immunity.”
The appeals court has accelerated the review of his appeal, scheduling oral arguments for January 9. District Judge Tanya Chutkan, presiding over his criminal case, has temporarily halted all procedural deadlines in the case during the ongoing appeal process.
On Friday, the Supreme Court declined a petition from Smith to promptly consider the case before the DC Circuit had an opportunity to deliberate on it. Both parties retain the option to appeal the ultimate decision rendered by the appeals court to the highest court.
Earlier this month, Trump’s legal team requested the appeals court to review the immunity ruling issued by Chutkan. Chutkan dismissed Trump’s immunity assertions, stating in an opinion that his four-year tenure as Commander in Chief did not grant him an exemption from the criminal accountability that applies to all citizens.
Chutkan had previously rejected assertions from Trump’s legal team contending that the criminal indictment should be dismissed. They argued that Trump, in his official role as president, was working to “ensure election integrity” when he allegedly undermined the 2020 election results, thereby being shielded by presidential immunity. Defense attorneys reiterated these arguments on Saturday.
In their statement on Saturday, Trump’s legal team asserted that Chutkan overlooked a key principle recognized by the Founders: the punishment of the President is inherently political and, as such, falls primarily within the purview of the most politically accountable branch—Congress and, ultimately, the Senate.
They additionally cautioned that, from their perspective, the indictment against Trump “poses a risk of initiating cycles of blame and politically motivated prosecutions that could afflict our nation for numerous decades ahead.”
