Former President Trump's lawyers argued Tuesday in a federal appeals court that the former commander-in-chief and 2024 front-runner has presidential immunity from charges stemming from special counsel Jack Smith's investigation. However, he warned that President Biden was “prosecuting his greatest political opponent and the president.” This is the biggest threat to the election. ”
Mr. Trump and Mr. Smith appeared at a hearing Tuesday in the D.C. Court of Appeals.
Trump to appear at presidential privilege hearing in DC court as he seeks dismissal of Jack Smith case
The three-judge panel, two of whom were appointed by President Biden, heard arguments from a team of Trump lawyers and special counsel Jack Smith.
Trump's lawyer, D. John Sauer, argued that the president has “absolute immunity” even after leaving office, but the justices seemed skeptical of that argument.
Justice Karen Henderson, appointed by former President George H.W. ” he countered.
But Sauer argued that Biden is “prosecuting someone who is the sitting president's biggest political opponent and his biggest electoral threat.”
Jack Smith challenges President Trump's immunity claim in appeals court
Meanwhile, Smith's team argues that the president is not entitled to absolute immunity and that Trump's alleged actions were outside the scope of his official duties.
Prosecutor James Pearce said, “While the president has a unique constitutional role, he is not above the law.The principle of separation of powers, the text of the Constitution, history, precedent, and the principle of immunity all apply to former presidents.'' “The conclusion is that immunity from prosecution is not granted.” He added that the former president's alleged attempt to overturn the election “is not the place for some new form of impunity.”
Mr. Henderson pressed Mr. Pearce on how the court could decide not to open the “floodgates” of investigations against the former president.
Pierce said he doesn't think there will be “a major shift in the future of retaliatory retaliation” and said the allegations against Trump are unprecedented.
Supreme Court declines to issue immediate judgment in Trump immunity case
“There has never been an allegation that a sitting president used private individuals and leveraged his power to fundamentally undermine our democratic republic and our electoral system,” Pearce said. “And frankly, if that fact pattern were to arise again, I think it would be very frightening unless we had some mechanism to get at it criminally.”
Pierce said the country faces a “terrible future” if Trump is not prosecuted for his crimes.
But Sauer pushed back on those “floodgates,” saying, “The floodgates will open.”
“We are in a position to prosecute our main political opponents who are winning in all the polls in next year's national elections and are being pursued by the successor government,” Sauer said. “It's a terrible future designed to start a cycle that will shake up the future of our country, a cycle of blame.”. ”
It is unclear when the court will make a decision.
Mr. Smith's case against Mr. Trump has been paused as Mr. Trump's lawyers appeal and argue that the president's immunity protects him from prosecution. The trial was scheduled to begin on March 4th.
In August, Trump pleaded not guilty in federal court to all four federal charges stemming from Smith's investigation into 2020 election interference and the January 6, 2021, Capitol riot.
Mr. Trump is charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstructing and attempting to obstruct an official proceeding, and conspiracy against rights.
Mr. Smith filed arguments with the U.S. Court of Appeals for the District of Columbia Appeals challenging Mr. Trump's presidential immunity claims.
The U.S. Supreme Court recently rejected Smith's appeal to expedite the evaluation of the immunity claim before it can be fully heard by a federal appeals court. Trump's lawyers asked the court to deny Smith's request.
Fox News' William Mears and The Associated Press contributed to this report.
