Trump Has Asked an Appeals Court To Dismiss His Election Interference Case

(PatriotWise.com) — Attorneys for Donald Trump on Saturday asked the US Court of Appeals for the District of Columbia to dismiss the federal election interference case, again citing presidential immunity, NBC News reported.

In their brief to the DC appellate court, Trump’s attorneys argued that the Constitution, “immunity doctrines,” and the separation of powers all make it clear that no “current or former” president can be “criminally prosecuted for his official acts” unless he is impeached and convicted by the Senate.

Claiming that Trump cannot be prosecuted for the conduct the US Senate already acquitted him for, the brief argued that indicting Trump for election interference was therefore “unlawful and unconstitutional” and “must be dismissed.

In a Sunday post on his social media platform, Truth Social, Trump claimed that his efforts to overturn the outcome of the 2020 election were part of his “duty as President.”

Special Counsel Jack Smith attempted to bypass the DC appeals court by asking the Supreme Court to take up the case of presidential immunity. However, last Friday, the Court rejected Smith’s request.

The DC appellate court will hear oral arguments in the case on January 9.

Once the appeals court rules on the matter, the Supreme Court could quickly decide to take up the case.

In his Truth Social post, Trump said he looked forward to the January 9 hearing and reiterated his claims about the 2020 election.

In early December, US District Judge Tanya Chutkan, who is presiding over the election interference case, rejected Trump’s motion to dismiss, in which his attorneys cited presidential immunity. In her ruling, the judge maintained that presidential immunity was never intended to be a “lifelong get-out-of-jail-free pass.”

Trump’s attorneys maintain that questioning the 2020 election results fell within the “outer perimeter” of Trump’s official duties as president, therefore, under a 1982 Supreme Court ruling on presidential immunity, Trump should be immune from prosecution.

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