In a significant legal move, former President Donald Trump’s attorneys have filed an appeal with the U.S. Court of Appeals for the District of Columbia Circuit, seeking to dismiss the criminal case against him. The case accuses Trump of violating several laws in his efforts to challenge the 2020 presidential election results. The central argument of Trump’s legal team is the claim of “presidential immunity.”
The 71-page filing, submitted late at night, requests that the appeals court grant a stay on any ruling against Trump. This would allow him to escalate the matter to the Supreme Court. Trump’s lawyers assert that the actions he is accused of by federal prosecutors were part of his official presidential duties and therefore should be covered by presidential immunity.
The filing emphasizes the historical significance of the situation, noting that no former or current president has faced criminal prosecution for official acts in the history of the United States. It argues that indicting Trump could lead to a cycle of politically motivated prosecutions, potentially undermining public trust in an independent judiciary.
Additionally, the legal team argues that Trump’s acquittal in his second impeachment trial in 2021 should preclude criminal charges, citing protections against double jeopardy. However, impeachment is a political process, distinct from criminal proceedings.
This development follows the Supreme Court’s recent decision not to expedite the landmark case. The Supreme Court’s choice to delay involvement allows the appeals court to first decide on Trump’s prosecutorial immunity. While the Supreme Court is expected to eventually address the issue, their immediate refusal to take up the case has impacted the prosecution team led by special counsel Jack Smith.
Trump has maintained his innocence, pleading not guilty to several felony charges, including conspiracy to defraud the United States and obstruction of an official proceeding, among others. The legal battle continues to unfold as the courts grapple with the unprecedented question of a former president’s immunity from prosecution for actions taken while in office.
