Former President Donald Trump Appeals Ruling, Seeks Immunity from Prosecution in Election Plot Case

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ICARO Media Group
Politics
07/12/2023 21h51

Former President Donald Trump has filed an appeal challenging a ruling that found him not immune from criminal prosecution as he faces an upcoming trial on charges related to his alleged plot to overturn the results of the 2020 election. Trump's lawyers submitted a notice of appeal on Thursday, indicating their intention to challenge the decision made by U.S. District Judge Tanya Chutkan, who dismissed Trump's bid to dismiss the case. The appeal seeks to freeze deadlines in the case while the appeals court reviews the matter.

Trump's legal team argues that the ex-president has absolute immunity from prosecution for actions taken while in office, including the investigation of election fraud and irregularities. They plan to take the case all the way to the Supreme Court if necessary. The appeal comes as part of a broader strategy to delay the criminal cases against Trump until after the 2024 presidential election, in order to avoid trials that could disrupt the campaign.

The appeals court is expected to determine the schedule for written briefs and oral arguments. However, the rejection of Trump's claims of immunity in a separate case by a three-judge panel of the appeals court suggests that he may face an uphill battle. Although the Supreme Court may decide to address this unprecedented legal question, there is no guarantee they will take up the case at this stage.

The core argument made by Trump's lawyers, that he is immune from prosecution for actions carried out during his presidency, has gained attention as a significant objection to the case. Nevertheless, Judge Chutkan rejected this argument, stating that there is no constitutional provision granting immunity to former presidents for criminal prosecution. The question of whether immunity extends to criminal charges is unprecedented and has not been previously addressed by the courts.

Legal experts, including former federal prosecutor Cheryl Bader, believe that the immunity argument is unlikely to prevail, even before the conservative-majority Supreme Court. They argue that there is no basis in law or policy for granting former presidents immunity from criminal accountability.

The case against Trump involves allegations of conspiring to subvert the will of voters in an attempt to maintain power after losing the presidential election to Democrat Joe Biden. It is the first of four criminal cases that Trump is facing, with subsequent cases relating to classified documents, election conspiracies in Georgia, and hush money payments during the 2016 campaign. The appeal could potentially delay the trial, which is scheduled to take place in Washington, D.C. in March.

Trump has maintained his innocence and denied any wrongdoing in all the charges brought against him. The outcome of the appeal and its impact on his legal battles will be closely watched as the former president continues his efforts to combat the allegations against him.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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