Former President Donald Trump is seeking immunity from prosecution in a federal appeals court for his alleged efforts to overturn the 2020 election. His lawyers filed a motion over the weekend to dismiss Special Counsel Jack Smith's election interference case, arguing that Trump cannot be held accountable for actions taken while he was in office. The trial judge had previously denied Trump's attempt to have the charges thrown out. Now, both sides are presenting their legal arguments to an appeals court, which will determine whether there is immunity for the presidency and whether Trump can be tried for his alleged crimes after the 2020 election.
In their filing, Trump's lawyers argued that the former president should not be prosecuted for his actions during his tenure. They claim that spreading disinformation and trying to block the transfer of power after the election were part of Trump's official duties as president. However, the special counsel's office strongly refutes this argument and contends that Trump's post-election activities were related to campaigning rather than his presidential responsibilities. The appeals court will ultimately decide this contentious issue.
Aside from the immunity claim, Trump's legal team is also employing typical political rhetoric. They argue that a trial against a former president for crimes like these is detrimental and dangerous for the country, describing it as a 'plague on the nation.' The trial is currently scheduled for early March, but its timing depends on the speed at which the appeals court handles the case and potential involvement from the Supreme Court.
Examining the overarching timeline, it is important to note that Trump has consistently utilized delay tactics across his legal battles. However, it is uncertain whether his efforts to postpone proceedings will succeed. The likelihood is that his claims of absolute immunity will be dismissed by both the Court of Appeals and potentially the Supreme Court. While the trial for the election interference case involving Special Counsel Jack Smith was initially set to commence this year, Trump's attempts to delay proceedings might push the trial into 2024. Nevertheless, this delay does not mean that Trump will evade criminal charges altogether, as there are several other cases, including Alvin Bragg's 2016 election interference case in New York, which could proceed prior to the 2020 case.
Trump's argument that he cannot be prosecuted for election interference because he was not convicted by the U.S. Senate during his impeachment trial is deemed by legal experts as baseless. They dismiss this claim, stating that it misinterprets the language of the Constitution. Trump's assertion that impeachment conviction is a prerequisite for prosecution holds no legal weight and is considered frivolous.
As the legal battle continues, the outcome of the appeals court's decision and the potential involvement of the Supreme Court remain uncertain. However, it appears unlikely that Trump will be able to avoid facing criminal charges related to his actions following the 2020 election.
