Appeals Court Rejects Donald Trump’s Claims of Immunity:
On Tuesday, a federal appeals court dismissed Donald Trump’s argument that he is immune from criminal prosecution for allegedly scheming to overturn the 2020 election results during his presidency. The court refused to endorse such a broad interpretation of executive power. Additionally, it firmly rejected Trump’s assertion that he could only face prosecution after being convicted in a Senate impeachment trial.
In their unanimous opinion, the three-judge panel emphasized that a President cannot have unrestricted authority to commit crimes that would undermine the essential check on executive power.
Trump’s Attempt to Dismiss Election Interference Case Rejected:
Trump attempted to have the federal election interference case, led by special counsel Jack Smith, dismissed last year. The case accused the former president of attempting to overturn his 2020 election loss through means such as promoting fake electors and obstructing Congress on January 6, 2021.
However, the trial judge dismissed Trump’s motion, leading him to appeal to the DC circuit. In an effort to expedite the resolution, the special counsel sought direct intervention from the US Supreme Court. However, the Supreme Court declined to take up the case, returning it to the appeals court instead.
Trump’s Defense Faces Tough Questions in Election Interference Case:
Trump’s loss in the case wasn’t a surprise, especially considering his appellate lawyer, John Sauer, found himself constantly on the back foot during oral arguments before the three-judge panel consisting of Michelle Childs, Karen Henderson, and Florence Pan last month.
During the hearing, Sauer had to grapple with Pan’s skepticism, who pointed out that Trump’s interpretation could imply that presidents could potentially self-pardon, disclose military secrets, or even order the assassination of political opponents without facing legal consequences.
The panel also raised doubts about whether Trump’s stance in 2024 contradicted his position in 2021 during his second impeachment trial. Back then, his legal team argued for acquittal, suggesting that the Justice Department should determine whether Trump was involved in the January 6 Capitol attack.
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