Prosecutors in the U.S. are asking a federal appeals court to reject Donald Trump’s claim that he cannot be charged for attempting to overturn the 2020 election. Special Counsel Jack Smith, who is overseeing the case, argued that the Constitution and legal tradition do not support giving former presidents immunity from criminal charges for actions taken while in office.
Smith stated that creating a legal shield for former presidents would put them above the law. He refuted Trump’s claim that the presidency has “absolute immunity” from prosecution, asserting that the constitution and legal precedent allow for charges against former presidents for crimes committed while in office.
Trump, who is currently a frontrunner for the Republican presidential nomination in 2024, is appealing a lower court’s decision denying his attempt to dismiss election charges based on his claim of immunity. His lawyers have argued that charging Trump for conduct related to his official responsibilities would undermine the presidency.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit is set to hold arguments on the matter on Jan. 9. Trump, who served as president from 2017-2021, has pleaded not guilty to charges of defrauding the United States, obstructing Congress, and violating the civil rights of voters through schemes to overturn his loss to Joe Biden.
Trump has accused prosecutors of politically motivated efforts to damage his campaign for the 2024 election. The timing of the court’s decision is crucial to whether Trump will stand trial as scheduled in March. Progress in the case has been halted while the immunity appeal remains pending.
Smith has attempted to have the U.S. Supreme Court immediately decide the issue to prevent Trump’s attempt to delay the case. However, the Supreme Court denied the request, leaving the matter with the D.C. Circuit court for now.
(Reporting by Andrew Goudsward; Editing by Howard Goller and Diane Craft)
