Former President Donald Trump has invoked presidential immunity as a defense against federal charges related to his actions following the 2020 election.
The defense strategy is Trump’s boldest attempt yet to counter the indictment accusing him of spearheading a misinformation campaign after the election, which allegedly incited the Capitol riot.
Lawyers representing Trump have submitted a comprehensive 52-page document pushing back against the allegations.
The document underscores the unique privileges and duties of a sitting president. It also draws attention to Trump’s prior acquittal by the Senate on related accusations, suggesting that it grants him “absolute immunity” from subsequent legal actions, according to Politico.
The indictment claims that Trump orchestrated a broad misinformation campaign. This campaign aimed to exert pressure on states and then-Vice President Mike Pence to reverse the election outcome.
The events culminated in the violent Capitol breach by Trump’s supporters, attempting to halt Congress from confirming President Joe Biden’s victory. The trial is slated to commence on March 4.
Trump’s legal team believes that the prosecution’s primary argument hinges on the inherent presidential powers, such as speaking to the public, structuring his administration, liaising with Congress, enforcing election laws and upholding the Constitution.
They further argue that whether Trump genuinely believed the election was rigged is irrelevant when assessing his immunity.
However, the prosecution contends that Trump’s unyielding quest for power following the election veered into criminal behavior, according to Politico. Prosecutors argue that Trump exploited his presidential authority to further his objectives.
Another pivotal point raised by Trump’s defense is his Senate acquittal in an impeachment trial for similar behavior. They maintain that this acquittal shields Trump from prosecution for related deeds.
Notably, after the acquittal, Senate GOP Leader Mitch McConnell hinted that the criminal justice system would be a more fitting platform to hold former presidents who engaged in illegal conduct accountable.
Produced in association with Benzinga
