U.S. Prosecutors Challenge Trump's Claim of Immunity, Urge Appeals Court to Proceed with Election Charges
In a significant legal development, U.S. prosecutors are urging a federal appeals court to reject former President Donald Trump's assertion that he is immune from criminal charges related to his actions in seeking to overturn the 2020 election. Special Counsel Jack Smith, overseeing the prosecution, argued in a court filing that the U.S. Constitution and legal tradition do not support granting former presidents "absolute immunity" from criminal charges for actions taken while in office.
Smith contended that providing such a legal shield would place presidents above the law, emphasizing that Trump's claim of the presidency being "cloaked with absolute immunity" is unfounded. The filing argues that constitutional separation of powers and legal precedent make it clear that a former president can be charged for crimes committed while in office, especially for illegal acts aimed at retaining power despite losing an election.
Former President Trump, currently the frontrunner for the Republican presidential nomination in 2024, is appealing a lower court ruling that denied his attempt to dismiss election-related charges based on his claimed immunity. His legal team argues that subjecting Trump to charges related to his official responsibilities would undermine the presidency.
The U.S. Court of Appeals for the District of Columbia Circuit is set to hold arguments on this matter on January 9. Trump, who served as president from 2017 to 2021, faces charges of defrauding the United States, obstructing Congress, and violating the civil rights of voters in connection with alleged efforts to overturn his 2020 election loss to Democrat Joe Biden.
This case is one of four criminal prosecutions Trump is facing and one of two related to his alleged attempts to subvert the 2020 election. Trump, a leading candidate for the 2024 Republican presidential nomination, has accused prosecutors of politically motivated actions to undermine his campaign for the November 5, 2024 election, with state-by-state nominee selection contests commencing on January 15.
The timing of the appeals court's decision is crucial to determining whether Trump will face trial as scheduled in March. Progress in the case has been halted pending the outcome of the immunity appeal. Despite efforts by Special Counsel Jack Smith to expedite the process by involving the U.S. Supreme Court, the Supreme Court has declined the request, leaving the matter in the hands of the D.C. Circuit court for now.
