Donald Trump urged a federal appeals court to throw out the federal election subversion criminal case in Washington, DC, again arguing in a filing late Saturday that he is protected under presidential immunity.
Trump wants the DC Circuit Court of Appeals to overturn a lower-court ruling rejecting his claims of immunity in special counsel Jack Smith’s election subversion case. The appeals panel is weighing Trump’s request, which the Supreme Court on Friday refused to take up on an expedited basis, as Smith requested.
The filing reiterates what the former president’s lawyers have repeatedly asserted – that Trump was working in his official capacity as president to “ensure election integrity” when he allegedly undermined the 2020 election results and therefore has immunity, and that his indictment is unconstitutional because presidents cannot be criminally prosecuted for “official acts” unless they are impeached and convicted by the Senate.
If the only person who could be convicted of it should be immune from it, then it shouldn’t be a crime. That argument is, in its face, absurd, since the people who crafted the law certainly imagined someone should be subject to it.