Key Points to Consider in Trump's Federal Immunity Appeals Hearing in Washington, DC

The question of whether Donald Trump is immune from prosecution for his post-2020 election actions will be argued in front of a federal appeals court on Tuesday. This pivotal issue could ultimately shape the legal and political trajectory of the former president as he looks ahead to 2024. Trump is expected to be present for the oral arguments at the US Circuit Court of Appeals for the District of Columbia Circuit, where a panel of three judges will weigh in on whether the federal charges brought against him by special counsel Jack Smith should be dropped based on Trump's claims of immunity.

Trump's appearance at the 9:30 a.m. ET hearing on Tuesday, less than a week before the Iowa caucuses, highlights the deep connection between his legal and political realms. The four criminal indictments against him have become a central part of his appeal to supporters in the 2024 campaign. The issue of immunity is expected to be brought before the Supreme Court, along with other significant questions related to Trump this year. Recently, the US Supreme Court announced it would review the Colorado Supreme Court's decision to remove Trump from its state ballot.

Trump is charged with four counts related to election subversion, including conspiracy to defraud the United States and obstructing an official proceeding. He has entered a plea of not guilty. Here's what you need to know for Tuesday's arguments:

A key question for Trumps legal peril

The election subversion charges against Trump will not be dismissed, as District Judge Tanya Chutkan has ruled that he does not have absolute immunity for his actions and statements following the 2020 election.

Chutkan wrote that regardless of any immunities a sitting President may have, the United States only has one Chief Executive at a time, and holding that position does not grant a permanent exemption from criminal liability. She also stated that former Presidents do not have any special conditions for their federal criminal liability. Trump then appealed that decision to the appeals court.

Trumps legal team contended that his efforts to challenge the 2020 election results were justified as part of his presidential responsibilities to "safeguard election integrity," thereby granting him immunity from legal prosecution.

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CNN legal analyst breaks down strength of Trump's immunity argument

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Smith in a filing last month pushed back on Trumps claims of absolute immunity, arguing that Trumps sweeping assertion "threatens to license Presidents to commit crimes to remain in office."

The judges

The ex-president has also asserted that due to his acquittal by the Senate on an impeachment charge following the January 6, 2021 Capitol attack, the Justice Department is unable to charge him with the same offense.

The three judges scheduled to preside over Trump's case on Tuesday include J. Michelle Childs, appointed by Joe Biden; Florence Pan, also appointed by Biden; and Karen LeCraft Henderson, appointed by George H.W. Bush.

Henderson has a history of presiding over cases related to the former president, such as the accessibility of Trump's tax records to Congress and the House's ability to enforce a subpoena on former White House counsel Don McGahn. In her previous rulings, she has consistently emphasized the importance of protecting the special privileges associated with the presidency.

Childs assumed her position on the bench in July 2022. Prior to this, she had been considered as a potential replacement for Justice Stephen Breyer on the Supreme Court, but was not chosen by Biden in favor of Ketanji Brown Jackson. Before her time on the appeals court, Childs had been a federal judge in North Carolina since 2010.

Pan was nominated by Biden in mid-2022 to take the place left by Jackson on the appeals court, following her confirmation to the Supreme Court. Previously, Pan had served as a judge for the Superior and District courts in DC for over a decade.

John Sauer will be the attorney arguing on behalf of Trump.

James Pearce will be the attorney arguing on behalf of the special counsels office.

Trial timing and 2024 campaign on collision course

The appeals court hearing will be the latest courtroom that Trump will turn into part of his presidential campaign.

President Trump will be present at the arguments on Tuesday, although the judges will not be directly questioning him. Following this, he will travel to Iowa for the caucuses on Monday before returning to the east coast for the closing arguments in his New York civil fraud trial on Thursday. It is important to note that both court appearances are voluntary.

The four criminal indictments, including two from Smith, have become a significant focus of President Trump's presidential campaign. He has consistently criticized both the criminal and civil prosecutions against him, claiming that they constitute alleged election interference.

Former President Donald Trump, the Republican presidential candidate, is seen standing on stage in Clinton, Iowa after delivering a speech at a commit to caucus rally on Saturday, January 6, 2024. (AP Photo/Charlie Neibergall)

Charlie Neibergall/AP

Trump wants Georgia election subversion case dismissed, arguing he has presidential immunity

Smith's role in the appellate courts is crucial, as it will determine the fate of the former president's challenge and impact the speed of Trump's trial. Originally set for March, Chutkan's election subversion trial is on hold while Trump's appeal is processed. The issue of presidential immunity is expected to reach the Supreme Court regardless of the appellate court's decision, creating uncertainty and potential delays for the trial's timing.

Smith made the unprecedented move last year to request the Supreme Court to bypass the appeals courts and expedite the issue of presidential immunity. However, the justices rejected the request without any explanation or dissent. Following the conclusion of Tuesday's hearing in the federal election subversion case, the appeals panel may issue a written ruling at any time, as they will not announce a decision immediately.

In addition to an appeal to the Supreme Court, either side could also ask for the case to be reheard by the entire DC Court of Appeals, which could result in more delays.

Immunity question goes beyond special counsel case

The issue of presidential immunity extends beyond the election subversion case being handled by special counsels.

Trump reiterated his claims of immunity in the election subversion case brought by Fulton County District Attorney Fani Willis on Monday, arguing that the case should be dismissed because he is shielded from prosecution under presidential immunity.

Former President Donald Trump, former South Carolina Gov. Nikki Haley and Florida Gov. Ron DeSantis.

Scott Eisen, Justin Sullivan/Getty Images

Trump pushes supporters for a definitive win in Iowa caucuses as DeSantis and Haley aim to dent his dominance

Multiple courts have already ruled against Trump regarding the issue of presidential immunity in civil cases brought against the former president. Last year, the DC appeals court specifically ruled that Trump was not immune from civil lawsuits brought by Democrats in Congress and Capitol Police officers in connection to the January 6, 2021, US Capitol attack.

The court opinion states that when a president acts outside the scope of his office, he is no longer immune and can be subject to civil suits like any private citizen. In a separate case, a federal appeals court in New York rejected Trump's claims of presidential immunity in a defamation trial brought by E. Jean Carroll. The trial is scheduled to commence next week to determine the damages Trump owes Carroll after his effort to delay the trial was denied by the federal appeals court.