WASHINGTON (AP) — Former President Donald Trump is confronted with a legal challenge as special counsel Jack Smith presses federal election interference charges related to the 2020 presidential election, according to a report by the Daily Caller on Saturday, December 30, 2023.
On Saturday, Smith filed a brief with the D.C. Circuit Court of Appeals, contesting Trump’s assertion of presidential immunity and urging that the charges not be dismissed.
Appointed by the Justice Department in June 2021, Smith is investigating alleged attempts by Trump to overturn the 2020 election results in his favor.
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In August, Smith secured a four-count indictment against Trump, including charges of conspiracy, obstruction of justice, abuse of power, and witness tampering.
The indictment alleges that Trump and his associates employed false statements, threats, coercion, and lawsuits to influence officials and reject or delay the certification of electoral votes for President Joe Biden.
Trump’s legal team sought to dismiss the indictment, claiming presidential immunity from criminal prosecution. They argued Smith’s appointment was unlawful, violating constitutional rights. On December 22, Judge Tanya Chutkan of the U.S. District Court denied the motion, asserting Trump’s conduct wasn’t within his official duties, allowing Smith to pursue the case.
Trump’s legal team appealed to the D.C. Circuit Court and the Supreme Court declined to intervene, leaving the appeal in the lower court’s jurisdiction.
In his brief, Smith countered Trump’s claims, calling the presidential immunity argument “unprecedented and unsupported.” He argued that the indictment targeted Trump’s corrupt scheme rather than legitimate presidential power, warning that accepting Trump’s stance could set a dangerous precedent.
Smith defended his appointment’s legality and the indictment’s validity, stating it was based on evidence and didn’t violate Trump’s constitutional rights.
The D.C. Circuit Court of Appeals hasn’t set a date for oral arguments. If the district court’s decision is affirmed, the case proceeds to trial; if reversed, it may be dismissed or remanded for further proceedings. The Supreme Court remains an option for further review.
This case is one of several legal challenges for Trump, who faces civil lawsuits and criminal investigations in New York, Georgia, and Washington, D.C. Trump denies wrongdoing, labeling the cases a “witch hunt” and a “hoax.”
