Appeals Court Considers Whether Trump is Immune from Prosecution
WASHINGTON (NEWSnet/AP) — Donald Trump attended a federal appeals court hearing Tuesday in Washington as his lawyers argued that he was immune from prosecution on charges that he plotted to overturn the results of the 2020 election.
“To authorize the prosecution of a president for official acts would open a Pandora’s box from which this nation may never recover,” said D. John Sauer, a lawyer for Trump.
The outcome of the arguments carries ramifications both for the specific criminal case against Trump and for the overall question of whether an ex-president can be prosecuted for acts committed in the White House.
It will also likely set the stage for further appeals before the U.S. Supreme Court, which last month declined a request to weigh but could still get involved later.
A swift decision is crucial for special counsel Jack Smith and his team, who are eager to get the case — currently paused pending the appeal — to trial.
Trump's lawyers, in addition to seeking to get the case dismissed, are hoping to benefit from a protracted appeals process that could delay the trial well past its scheduled March 4 start date, including until potentially after the November election.
Underscoring the importance to both sides, Trump, the 2024 Republican presidential primary front-runner, decided to attend Tuesday's arguments despite the fact that there's no requirement that defendants appear in person for such proceedings. It was his first court appearance in Washington, one of four cities where he faces criminal prosecutions and potential trials, since his arraignment in August.
Former presidents enjoy broad immunity from lawsuits for actions taken as part of their official duties. But because no former president before Trump has ever been indicted, courts have never before addressed whether that protection extends to criminal prosecution.
The case is being argued in the U.S. Court of Appeals for the D.C. Circuit before Judges J. Michelle Childs and Florence Pan, both appointees of Biden, a Democrat, and Karen LeCraft Henderson, who was named to the bench by President George H.W. Bush, a Republican.
It's not clear how quickly the panel will rule, though it has signaled that it intends to work fast.
The judges requested that both prosecutors and defense lawyers submit briefs in rapid succession last month, including setting filing deadlines on Saturdays.
U.S. District Judge Tanya Chutkan, who is presiding over the case, rejected the Trump team arguments, ruling on Dec. 1 that the office of the presidency does not confer a “‘get-out-of-jail-free pass.’”
Trump's lawyers appealed that decision, but Smith's team, determined to keep the case on schedule, sought to leapfrog the appeals court by asking the Supreme Court to fast-track the immunity question and rule in the government's favor.
The Supreme Court justices declined, without explanation, to get involved.
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