Donald Trump immunity case hearing is heard in Washington

• Washington is about to hear a significant legal case.
• The outcome could have wide-ranging implications.
• Trump argues that he was acting in his capacity as president to identify voter fraud.

On Tuesday in Washington, the court will hear a significant legal case concerning whether Donald Trump should have immunity from criminal prosecution.

The former president’s lawyers, representing the Republican, will assert that the White House office shields him from charges related to alleged 2020 election fraud in an attempt to overturn Joe Biden’s victory. Trump, who plans to attend the hearing, faces potential consequences that could profoundly impact his future.

His legal team is employing a similar defense in another set of election charges in Georgia. This hearing’s outcome could potentially have wide-ranging implications, especially since the issue might eventually make its way to the US Supreme Court, potentially during the 2024 election campaign where Trump is seen as a frontrunner for the Republican nomination. Lengthy legal battles over immunity could push criminal trials past the November election, where Trump is likely to face off against Democratic President Joe Biden.

Trump has long invoked presidential immunity to counter civil and criminal cases filed against him, even though the US Constitution does not explicitly mention such immunity. While courts have generally supported the idea of protecting government officials from lawsuits, there is no established legal precedent for the criminal prosecution of sitting or former presidents.

In anticipation of the hearing, special counsel Jack Smith, prosecuting Trump, cautioned that denying the prosecution of the former president could set a dangerous precedent, potentially allowing presidents to commit crimes to stay in office. US District Court Judge Tanya Chutkan previously rejected the immunity defense in December, ruling that serving as president does not grant a “lifelong ‘get-out-of-jail-free’ pass.”

In a social media post on Monday, Trump argued that he was not campaigning when challenging his election loss but was acting in his capacity as president to identify voter fraud.

A three-judge panel at the US Court of Appeals for the DC Circuit will listen to the oral arguments, and they will make a ruling at a later date.

The courtroom’s proximity to the US Capitol, where Trump’s supporters rioted to prevent Joe Biden’s certification as president in January 2021, adds a symbolic dimension to the proceedings. To bolster their case, Trump’s lawyers will highlight his Senate acquittal during impeachment for actions leading up to the Capitol violence.

“Nor may a president face criminal prosecution based on conduct for which the US Senate acquitted him,” says his appellate brief. “The indictment against President Trump is unlawful and unconstitutional. It must be dismissed.”

The appeals court, comprising two judges appointed by Democratic presidents and one by a Republican, currently has the criminal trial in the election fraud case scheduled for March 4 on hold pending its ruling. Regardless of the judge’s decision, people widely anticipate that the US Supreme Court will eventually hear the case, where conservatives hold a 6-3 majority.

In the previous month, the Supreme Court dismissed Mr. Smith’s request to expedite a ruling on Mr. Trump’s immunity claim.

Additionally, the Supreme Court announced last month that it would entertain an appeal by Mr. Trump against the state of Colorado. This appeal pertains to Colorado barring him from the ballot based on the US Constitution’s rarely invoked insurrectionist clause.

Also Read

Donald Trump repeats the controversial statement ‘Poisoning the Blood’

Trump emphasized the surge in migrant crossings at the US-Mexico border, particularly...