A recent move reported by The Washington Times on December 7, 2023, former President Trump fights against a ruling that denies him immunity from a criminal case linked to his actions to overturn the 2020 election results.
Trump lodged an appeal on Thursday, contesting the decision by US District Judge Tanya Chutkan, who rejected his bid to dismiss the case based on claims of presidential immunity.
Facing a four-count indictment from special counsel Jack Smith, Trump is accused of conspiring to influence state officials, using fake electors, and urging Vice President Mike Pence to block the certification of the election results.
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Trump’s legal team argued that the indictment violated his constitutional rights and that he should be immune from prosecution for actions taken during his presidency, regardless of intent.
They asserted that Trump’s efforts to challenge the election fell within his official duties, protected by separation of powers and executive privilege. They also alleged the special counsel’s appointment was unlawful and called for the case’s dismissal on grounds of selective and vindictive prosecution.
However, Judge Chutkan dismissed these arguments in a strong 48-page opinion on December 1, stating that the Constitution did not grant former presidents a get-out-of-jail-free card for federal crimes committed while in office.
She deemed Trump’s actions as attempts to subvert the democratic process and disrupt the peaceful transfer of power, emphasizing they were not part of his official duties.
Trump’s appeal is likely to delay the trial scheduled for March 2023 in Washington, DC. Trump’s strategy, apparent in all his pending cases, is to stall, aiming to extend proceedings beyond the 2024 election in hopes of potential re-election facilitating self-pardon or charges being dropped.
Facing criminal investigations in Georgia and New York, Trump denies wrongdoing, labeling the cases a witch hunt and a hoax by political opponents.
A gag order, prohibiting Trump from publicly targeting court personnel, potential witnesses, or the special counsel’s team, was temporarily lifted during his appeal but reinstated on October 29 by the judge to ensure a fair and orderly trial.
