Special Counsel Urges Appeals Court to Reject Trump’s Presidential Immunity Arguments in Federal Election Interference Case
Guam News Factor – Special counsel Jack Smith is calling on an appeals court to dismiss former President Donald Trump’s attempts to have his federal election interference case thrown out based on claims of presidential immunity. Smith argues that Trump should not be shielded from prosecution on federal charges related to his alleged conspiracy to overturn the 2020 presidential election.
Prosecutors assert that even a former president can face criminal charges for actions committed while in office, even if those actions involve illegal attempts to retain power after losing an election. They argue that the Constitution and other immunity doctrines protect a current or former president from criminal prosecution for official acts, unless they have first been impeached and convicted by the Senate.
However, Smith contests this argument, stating that while separation-of-powers doctrine does provide protection from civil liability for official conduct, it does not grant immunity from criminal liability for violations of federal criminal statutes. He further emphasizes that upholding the rule of law through federal prosecution is in the public interest and outweighs any burdens of post-presidency criminal liability on an incumbent president.
U.S. District Judge Tanya Chutkan, who is presiding over the case, had previously ruled that Trump’s claims of presidential immunity do not shield him from the charges he faces. Appeals court judges appointed by Presidents George H.W. Bush and Joe Biden are set to hear oral arguments on January 9.
If Trump’s appeal is successful, it could potentially delay the trial’s start date, which is currently scheduled for March 4. The former president is facing four counts of criminal conduct related to his alleged conspiracy to overturn his election loss to Joe Biden. Trump has pleaded not guilty and has publicly denounced the allegations against him. He has also pushed to have legal challenges postponed until after the upcoming election, claiming that he was fulfilling his duty as president by exposing and investigating a rigged and stolen election.
As the legal battle intensifies, all eyes will be on the appeals court as they decide whether to uphold or reject Trump’s claims of presidential immunity. This case carries significant implications for the future handling of potential criminal charges against former presidents, and its outcome will undoubtedly shape discussions around the limits of presidential power and accountability.
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