Former President Donald Trump Attends Appeals Court Hearing on Presidential Immunity in Criminal Case

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ICARO Media Group
Politics
08/01/2024 21h15

Article:

Former President Donald Trump made an appearance on Tuesday at the U.S. Court of Appeals for the District of Columbia Circuit, to attend oral arguments before a three-judge panel. The panel is considering whether Trump is shielded from federal criminal prosecution based on his legal theory that the charges against him should be dismissed because they relate to actions he allegedly took while serving as president.

The focus of the hearing was on Trump's contention that the charges, which involve an alleged scheme to undermine the results of the 2020 presidential election, should be nullified as they occurred during his time in office. Trump's attorneys argued that the Constitution requires him to be convicted by the Senate following an impeachment trial before facing criminal prosecution.

The lower court had previously ruled that Trump is not absolutely immune from prosecution, and the outcome of the appeal could have significant implications on the charges brought against him by special counsel Jack Smith.

The case was heard by a three-judge panel consisting of Judges Karen LeCraft Henderson, Michelle Childs, and Florence Pan. Trump's attendance at the hearing was not mandatory, but he exercised his right to be present. Last week, sources familiar with the matter had indicated that he would be attending.

In the written briefs filed prior to the hearing, Trump's legal team argued that the charges against him are "unlawful and unconstitutional" since they pertain to official acts he carried out as president. They further contended that Congress needed to have approved of the alleged conduct by impeaching and convicting Trump before he could be subject to criminal prosecution. Trump's attorneys pointed to his impeachment by the House in 2021, followed by acquittal in the Senate.

However, special counsel Jack Smith countered these claims, stating that Trump's legal theory could lead to a scenario where presidents are granted immunity to commit crimes in order to remain in power. Smith argued that the indictment against Trump included allegations of a plot to overturn the election results that extended beyond his official responsibilities as president.

The D.C. Circuit hearing comes after U.S. District Court Judge Tanya Chutkan denied Trump's initial attempt to dismiss the case based on presidential immunity. Chutkan asserted that the presidency does not confer lifelong immunity from criminal prosecution.

Trump's criminal trial, initially set for March 4, has been put on hold pending the resolution of the immunity question by higher courts. Prosecutors have requested the Supreme Court to take up the case in an expedited manner, but the court declined to do so, stating that the D.C. Circuit should rule first.

One of the key issues debated during the D.C. Circuit hearing was whether the court had jurisdiction over the appeal. American Oversight, a liberal watchdog group, submitted a friend-of-the-court brief arguing that Trump could not appeal Chutkan's order since there was no explicit statutory or constitutional guarantee against trial in this case.

The D.C. Circuit judges have not yet issued a decision on the immunity matter, but they have instructed both sides to be prepared to address any issues raised in the friend-of-the-court briefs during oral arguments.

The ultimate decision on whether Trump is immune from federal prosecution could have far-reaching consequences for the charges brought against him. If the appeals court's decision is appealed, it can be brought before the Supreme Court.

The nation awaits further developments as this high-stakes legal battle unfolds.

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

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