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Politics
Stefanie Lindquist, Foundation Professor of Law and Political Science, Arizona State University

Trump claims Constitution gives him immunity − here's why judges and the Supreme Court may not agree

Donald Trump continues to campaign for president even as he faces multiple criminal indictments. AP Photo/Godofredo A. Vásquez

Former President Donald Trump has claimed he is immune from prosecution – specifically on the federal charges that he tried to subvert the results of the 2020 presidential election. He says that his actions in connection with the 2020 election were part of his official duties, and he also argues that because he was not convicted during either of his impeachments, he cannot be tried in a criminal court for his actions.

The trial judge, Tonya Chutkan, rejected both of those arguments on Dec. 1, 2023, and Trump has appealed her ruling to the U.S. Court of Appeals for the District of Columbia Circuit, which plans to hear the case on Jan. 9, 2024.

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