Republican presidential candidate and former U.S. President Donald Trump looks on at a campaign event in Waterloo, Iowa, on December 19, 2023.
Scott Olson | Getty Images
Donald Trump was acting within the scope of his role as president when he claimed “fraud and fraud” in the 2020 election, lawyers say in a federal appeals court, granting him immunity from prosecution. he claimed.
In a filing late Saturday night, lawyers also argued that the “historical implications” of the four counts charging Trump with trying to overturn the election he lost to Democrat Joe Biden are “profound.”
No former president has ever been indicted. Trump has been indicted four times in state and federal court in an attempt to retake the White House.
“President Trump’s indictment threatens to begin a cycle of accusations and politically motivated prosecutions that will haunt our nation for decades to come, and which stands at the foundation of our nation’s trust in an independent judiciary.” likely to shatter it,” the lawyers wrote in a brief filed with the U.S. Court of Appeals for the District of Columbia Circuit.
The issue before the court, set for January 9th arguments, is whether President Trump is immune from prosecution for official acts that his lawyers argue are within the president’s duties and responsibilities.
Earlier this month, U.S. District Judge Tanya Chutkan rejected that argument, sided with prosecutors from Special Counsel Jack Smith’s team, and declared that the president’s office “does not give a lifetime ‘get out of jail free’ pass.” did.
The appeals court’s role in the dispute came into focus Friday after the Supreme Court rejected Smith’s request for an expedited decision on the immunity issue. After Mr. Trump appealed Mr. Chutkan’s order, Mr. Smith sought an expedited high court ruling that could get the case back on track for a trial scheduled to begin March 4. requested intervention.
But that request was denied, and both sides are proceeding with their arguments in the Court of Appeals, where a three-judge panel is expected to decide whether to affirm Chutkan’s ruling as early as next month. It is.
In their latest filing, Trump’s lawyers urge the Justice Department to investigate claims of voter fraud and tell state election officials they believe the race is tainted by fraud. He insists that all of the actions Trump is accused of are “typical” presidential actions. An act that protects him from prosecution.
“All of this underscores President Trump’s efforts and duty as Chief Executive of the United States to assert and defend the integrity of federal elections, consistent with President Trump’s view that federal elections are tainted by fraud and fraud. reflects,” they said.
They also argue that under the Constitution he cannot be criminally prosecuted for acts for which he was previously impeached and subsequently acquitted by Congress.
By contrast, federal prosecutors say Trump may have been involved in a conspiracy after the election to not certify the results, including pressure on then-Vice President Mike Pence to decertify the results. They allege that they broke the law by attempting to interfere with the counting of votes. Organizing a fake electoral roll in battleground states that Biden won to falsely testify that Trump actually won those states.
Trump’s lawyers have suggested he had a good-faith basis for worrying that fraud affected the election, but courts across the country, as well as Trump’s own attorney general and other government officials, have argued that I have found no evidence that such a thing happened.
