Trump's Lawyers Argue for Immunity in Election Interference Case: Urgency for Trial Date Hangs in the Balance

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ICARO Media Group
Politics
24/12/2023 17h34

According to a brief filed by former President Donald Trump's lawyers with the U.S. Court of Appeals for the District of Columbia, they have requested the dismissal of a case accusing him of interference in the 2020 election, claiming that he is immune from prosecution. The move came a day after the U.S. Supreme Court declined to expedite a dispute over Trump's immunity.

In their brief, Trump's legal team asserts that under the system of separated powers, the Judicial Branch lacks the authority to judge a President's official acts. They further argue that no current or former president can be criminally prosecuted unless they have been impeached and convicted by the Senate. As Trump was not impeached and convicted, his lawyers contend that he enjoys "absolute immunity" from prosecution.

The indictment in question is described by Trump's lawyers as "unlawful and unconstitutional." They caution that allowing the case to proceed could lead to a dangerous precedent of politically motivated prosecution, capable of haunting the nation for years to come.

Special counsel Jack Smith, who is leading the case against Trump, accuses the former president of going beyond his official duties as he made baseless claims about the 2020 election, attempting to overturn the results. Trump's legal team pursued several lawsuits in states where he lost, but their claims of election fraud were consistently rejected by the courts.

The outcome of the argument over Trump's immunity is crucial not only for determining whether the criminal case will proceed but also for potentially impacting the timeline of the trial. If the trial begins before the 2022 election, Trump would be required to appear in court during the campaign period, limiting his ability to conduct election-related activities. This could provide fodder for his assertion that the case is politically motivated. Alternatively, if the trial is postponed until after the election and Trump emerges as the winner, he would have the opportunity to have the charges against him dismissed.

The trial date is currently set for March 4, and the D.C. appeals court has scheduled oral arguments for January 9, demonstrating a commitment to resolving the issue swiftly.

Trump is facing a total of 91 criminal charges across four separate cases, and his legal team has sought to postpone all proceedings until after the election. The filing made on Saturday requests that if the appeals court rules against the former president, implementation of the decision be delayed to allow Trump to consider seeking a review from the full appeals court or the Supreme Court.

The outcome of this appeal will have far-reaching implications for Trump's legal battles and the potential impact on future presidential immunity cases. As the situation unfolds, the nation awaits the decision that could shape the trajectory of Trump's legal challenges and influence the upcoming election season.

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

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