Special counsel Jack Smith has countered former President Donald Trump's claim of immunity from criminal prosecution in a court filing, arguing that such immunity would dangerously allow presidents to commit crimes to stay in office. The filing is part of the federal election subversion case, with oral arguments set for January 9. Trump has appealed a lower court's decision that he is not entitled to immunity for actions taken while president, pleading not guilty to charges including conspiracy to defraud the United States. Smith's office warns that Trump's broad immunity theory could lead to a president being above the law, even in extreme criminal scenarios.
Justice Department Special Counsel Jack Smith has filed a court document arguing against former President Donald Trump's claim of "absolute immunity" from criminal prosecution due to his former presidential status. Smith's office contends that no one is above the law, citing constitutional principles and historical precedents, and emphasizes that the charges Trump faces are different from those in his impeachment trial. The DOJ argues that Trump's actions to remain in power after losing the election should be scrutinized, not shielded by immunity. The appeals court is set to review the immunity claim, with potential implications for the trial date and the 2024 presidential election.
Special counsel Jack Smith has countered former President Donald Trump's claim of absolute immunity from criminal prosecution in a new court filing, arguing that such immunity would threaten the democratic and constitutional foundation of the Republic. Trump faces charges of conspiring to defraud the United States and obstruct an official proceeding, to which he has pleaded not guilty. The case is awaiting oral arguments in a US appeals court, with Trump's legal team asserting that his actions were within his official capacity as president. However, District Judge Tanya Chutkan has previously rejected Trump's immunity claims, and the Supreme Court has declined to expedite the case.
Federal prosecutors have urged an appeals court to dismiss former President Donald J. Trump's claim of immunity regarding charges of plotting to overturn the 2020 election. The special counsel, Jack Smith, argues that no constitutional grounds exist to exempt a former president from federal criminal law, especially for actions that undermine democratic processes. The case, which raises unprecedented legal questions about presidential immunity, is on an accelerated schedule, with oral arguments set for January 9. This legal battle also has implications for the timing of the trial in relation to the 2024 election.
