Donald Trump Seeks Immunity from Criminal Prosecution in Election Subversion Case, Appeals to Federal Court
Former President Donald Trump seeks immunity from criminal prosecution in the election subversion case, asserting his presidential immunity, in a recent filing with a federal appeals court in Washington, DC
Donald Trump is once again asking a federal appeals court to dismiss the federal election subversion criminal case in Washington, DC, claiming that he is shielded by presidential immunity. In a filing on Saturday, Trump urged the DC Circuit Court of Appeals to overturn a lower-court decision that denied his immunity claims in special counsel Jack Smith's election subversion case. The appeals panel is currently considering Trump's request, after the Supreme Court rejected an expedited review of the case as requested by Smith.
The filing reaffirms the claims made by the ex-president's legal team, asserting that Trump's actions in undermining the 2020 election results were carried out in his capacity as president to "safeguard election integrity." They argue that his prosecution is unconstitutional as presidents have immunity from criminal prosecution for "official acts" unless they are impeached and convicted by the Senate. Trump's attorneys stated on Saturday, "The Constitution provides a strong safeguard to prevent political factions from misusing criminal prosecution to disable the President and target their political adversaries."
Former President Donald Trump appears during a campaign event in Durham, New Hampshire, on December 16.
Doug Mills/The New York Times/Redux
Supreme Court rejects Jack Smiths request for justices to quickly hear Trump immunity dispute
"The former president is seeking to postpone his March 4 trial, emphasizing his immunity claim in the process. According to his legal team, Congress must have impeached and convicted the President before a prosecutor can bring the case to court, which did not occur in this situation. Thus, they argue that President Trump is entitled to absolute immunity."
The appeals court has fast-tracked its review of his appeal and is scheduled to have oral arguments on January 9. District Judge Tanya Chutkan, who is managing his criminal case, has temporarily halted all procedural deadlines in the case while the appeal is pending.
On Friday, the Supreme Court denied a request from Smith for the justices to hear the case immediately before the DC Circuit had an opportunity to consider it. Both parties will be able to appeal the final decision from the appeals court to the Supreme Court.
Trumps team filed a request with the appeals court this month to review the immunity ruling issued by Chutkan. Chutkan denied Trumps immunity claims, stating in an opinion that his "four-year service as Commander in Chief did not bestow on him the divine right of kings to evade the criminal accountability that governs his fellow citizens."
Former President Donald Trump was disqualified from the White House candidacy by the Colorado Supreme Court on December 19, 2023, due to the U.S. Constitution's insurrection clause. As a result, he was removed from the state's presidential primary ballot, leading to a potential legal battle in the nation's highest court to determine his eligibility to continue in the GOP nomination race.
Trump is attempting to postpone the E. Jean Carroll civil trial in order to explore various options, including the possibility of a Supreme Court review. Chutkan had previously rejected Trump's legal team's assertion that the criminal indictment should be dismissed on the grounds that he was acting in his official capacity as president to protect the integrity of the 2020 election, and therefore should be shielded by presidential immunity. Trump's defense attorneys reaffirmed these arguments on Saturday.
Trump's lawyers argued on Saturday that Judge Chutkan failed to recognize the Founders' acknowledgment that the punishment of the President is inherently political and therefore falls under the jurisdiction of the most politically accountable branch, Congress, and ultimately, the Senate. They also cautioned that, in their opinion, Trump's impeachment "has the potential to set off a series of retaliatory and politically motivated prosecutions that will haunt our nation for many years to come."
This is a developing story and will be updated.
