Former President Donald Trump is urging the DC Circuit Court of Appeals to dismiss the federal election subversion criminal case against him, reasserting his claim of presidential immunity.
In a filing on Saturday, Trump’s legal team argued that he was acting in his official capacity as president to “ensure election integrity” during the 2020 election, making him immune to criminal prosecution, according to a report by KAKE on Sunday, December 24, 2023.
The filing emphasizes Trump’s stance that his indictment is unconstitutional, citing the belief that presidents cannot be criminally prosecuted for “official acts” unless impeached and convicted by the Senate.
Trump’s attorneys contend that Congress must approve such actions through impeachment, which did not occur in this case, asserting that the former president has absolute immunity.
“The Constitution establishes a powerful structural check to prevent political factions from abusing the formidable threat of criminal prosecution to disable the President and attack their political enemies,” Trump’s lawyers wrote, reiterating their long-standing position.
This legal battle is part of Trump’s strategy to delay his trial scheduled for March 4 in the election subversion case.
The DC Circuit Court of Appeals, which has expedited the consideration of Trump’s appeal, is slated to hear oral arguments on January 9. Meanwhile, District Judge Tanya Chutkan, overseeing the case, has temporarily paused procedural deadlines pending the outcome of the appeal.
The Supreme Court, on Friday, rejected a request to expedite the case before the DC Circuit could weigh in. Both sides retain the option to appeal the eventual ruling back to the highest court.
This latest legal maneuver follows Trump’s team’s earlier request for the appeals court to examine the immunity ruling issued by Judge Chutkan.
The district judge had rejected Trump’s immunity claims, asserting that his four-year service as Commander in Chief did not grant him a divine right to evade criminal accountability.
Chutkan also dismissed arguments that the indictment should be dismissed because Trump was working to “ensure election integrity” within his official capacity as president.
Trump’s defense reiterated these arguments in the recent filing, emphasizing their belief in the protection provided by presidential immunity.
As the legal wrangling continues, the nation watches closely, and the upcoming January 9 oral arguments before the appeals court will likely provide insight into the trajectory of this high-stakes case.
