Trump is Urging the Appeals Court to Dismiss Allegations of Subverting the 2020 Election

    Court of Appeals

    On December 25, former President Donald Trump formally requested the D.C. Circuit Court of Appeals to dismiss the case brought against him by special counsel Jack Smith, accusing him of federal election interference. Trump contends that he is shielded by presidential immunity, asserting that his actions to challenge the results of the 2020 presidential election were in line with his responsibilities as president.

    This request comes on the heels of the U.S. Supreme Court’s decision not to address the issue of Trump’s immunity just one day prior. In a statement posted on Truth Social, Trump argued that the principles of presidential immunity should safeguard him from legal consequences for his endeavors to overturn the election results. He asserted that such efforts were fundamental to his “duty as president.”

    The filing presented to the appeals court emphasized various legal grounds for Trump’s immunity, citing the structure of the government, constitutional text and early commentators, common-law immunity doctrines, political history, analogous Supreme Court immunity doctrines, and policy considerations tied to the separation of powers. According to the filing, these factors collectively support the argument that no current or former president should face criminal prosecution for official acts unless they have been impeached and convicted by the Senate.


    It’s worth noting that the U.S. House of Representatives had previously impeached Trump on January 6, 2021, for his role in the events surrounding the Capitol riot when his supporters violently protested the certification of President-elect Joe Biden’s election victory. However, the Senate ultimately acquitted him of the charges.

    Smith sought an expeditious ruling from the Supreme Court regarding Trump’s assertions of immunity, but the highest court opted not to address the matter and not explain its decision. The case in question raises a pivotal inquiry central to the functioning of our democracy: whether a former president enjoys absolute immunity from federal prosecution for actions committed while in office or is constitutionally shielded from such prosecution if impeached but not convicted before the commencement of criminal proceedings, as outlined in Smith’s filing with the high court.

    The filing emphasized the paramount public importance of resolving Trump’s claims of immunity, asserting that the court’s intervention is crucial for the prompt progression of the trial if his immunity claim is dismissed. Smith stressed in the filing that the court’s resolution of the immunity issue is imperative to ensure that legal proceedings against Trump proceed swiftly.

    Following the Supreme Court’s decision, the responsibility for addressing the matter was returned to the D.C. appellate court. Smith explained that the appeal has led to a suspension of the trial against Trump, which was initially scheduled to commence on March 4, 2024. The delay in the trial is attributed to the ongoing legal proceedings and the unresolved question of presidential immunity.

    Smith’s filing with the Supreme Court underscored the critical nature of the issue, posing a fundamental question about whether a former president can claim absolute immunity or constitutional protection from federal prosecution after impeachment but before conviction for offenses committed while in office. The lack of an explanation from the Supreme Court regarding its decision adds an air of uncertainty to the proceedings.

    The Supreme Court’s non-engagement with the matter has resulted in the case’s return to the D.C. appellate court, where the trial against Trump has been temporarily suspended. The scheduled commencement of the trial on March 4, 2024, has been impacted by this legal development. The unresolved question of presidential immunity continues to be a focal point, and the case remains a significant legal and constitutional challenge with implications for a broader understanding of the legal boundaries surrounding the actions of a former president. The coming legal proceedings will likely shed light on this intricate and consequential matter in the ongoing intersection of law and presidential authority.

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