In a pivotal court hearing on Tuesday, a Washington appeals court cast doubt on former President Donald Trump’s assertion of immunity from criminal charges related to his efforts to overturn the 2020 election.
As Trump faces federal charges of election subversion, his legal team argued that former presidents should be shielded from prosecution for actions taken while in office.
However, the panel of three judges responded skeptically to this argument, challenging the notion that a president could engage in activities like selling pardons, military secrets, or orchestrating political assassinations without legal consequences.
Judge Florence Pan pressed Trump’s lawyer, D. John Sauer, who contended that a former president could only be charged for such conduct if they were first impeached by the House of Representatives and subsequently convicted in the Senate.
Following the hearing, Trump warned that if his case proceeds, it could potentially pave the way for President Joe Biden to be prosecuted once he leaves office, emphasizing the perceived threat to democracy.
Trump’s remarks echoed a prior video statement where he explicitly suggested prosecuting Biden if he defeated him in the 2024 presidential election, further intensifying the political backdrop of the legal proceedings.
Since the announcement of the first criminal charge against Trump last March, he has seen his lead grow significantly among Republican presidential nomination contenders.
The Republican state-by-state nominating contest was set to begin in Iowa, where Trump was anticipated to secure an easy victory.
The legal debate revolves around the long-standing U.S. Justice Department position that presidents cannot be prosecuted while in office for their official duties.
Trump, facing a staggering 91 criminal counts in four separate cases, is the first former U.S. president to face criminal prosecution.
Sauer argued before the appeals court that allowing prosecution while a president is still in office could trigger a cycle of retribution, potentially leading to lasting damage to the nation.
However, U.S. prosecutors countered that Trump’s actions occurred when he was a candidate, not a sitting president, as he pressured officials to overturn election results and incited his supporters to storm the Capitol on January 6, 2021. They emphasized that no one, including the president, is above the law.
The outcome and timing of the appeals court’s ruling hold significant implications for whether Trump will stand trial before the November 2024 election.
The case against Trump alleges a multifaceted conspiracy to obstruct the counting and certification of the 2020 election results, culminating in the January 6 attack on the Capitol.
Trump, who has pleaded not guilty to charges of defrauding the government and obstructing Congress, faces four criminal prosecutions as he seeks to reclaim the White House.
Although U.S. District Judge Tanya Chutkan has previously rejected Trump’s immunity claim, the appeals court’s ruling, expected in the coming weeks, could be appealed to the U.S. Supreme Court, further delaying the scheduled trial start date of March 4.
The case underscores the unprecedented nature of Trump’s actions and their potential consequences for future presidents.