In their response to special counsel Jack Smith before to the oral arguments, the attorneys for former president Donald Trump stated that Trump’s claim to presidential immunity from prosecution is supported by a “234-year unbroken tradition.”
It takes impeachment—not criminal prosecution—to provide the required defense against a president’s “official acts.” The case is succinctly presented in 41 pages, citing prominent figures from American history such as Chief Justice John Marshall, Justice Joseph Story, and Alexander Hamilton.
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The question of whether Trump’s election meddling lawsuit may be rejected on the grounds of presidential immunity will shortly be decided by the D.C. Circuit Court of Appeals. Tuesday is when the oral arguments will be place.
“Punishment of a President always involves political considerations going beyond guilt or innocence,” Trump’s lawyers wrote. “The Framers recognized that, and they delegated to Congress the power to weigh those political considerations in the first instance.”
“To allow prosecution after acquittal usurps that role and undermines the mechanism the Framers used to temper political passions: impeachment in the House and trial in the Senate,” they continued.
Trump is exonerated in his second impeachment hearing for encouraging the uprising on January 6.
Trump’s legal team stated that the government “selectively omits key facts,” such as Trump’s statement to demonstrators gathered in Washington, D.C. that day, that the government is relying on evidence “outside the indictment” to indicate that Trump is accountable for the events of January 6. “Peacefully and patriotically make your voices heard.”
Trump was “carrying out his duties as Chief Executive to investigate the overwhelming reports of widespread election fraud,” the attorneys argued.
Ahead of you, some challenging inquiries! All parties are required by the court to appear prepared to discuss the significant points brought up in the friend-of-the-court briefs. These filings draw attention to issues with Smith’s appointment’s legality and Trump’s appeal’s timeliness.
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On December 1, District Court Judge Tanya Chutkan denied Trump’s request to have his lawsuit dismissed due to presidential immunity. On December 22, the court rejected Smith’s plea for the Supreme Court to become involved, choosing instead to give the D.C. Circuit Court the final decision.
Worried cognitive challenged Biden can’t win, the left decides to remove Pres.Trump (and others) from being on the ballots thus removing approximately half of American citizens right to vote their choice. And then they tell us they’re fighting for ‘democracy’. Lol. Sure they are… (still laughing).