Internet mocks Donald Trump as he urges appeals court to grant him immunity in election subversion case

Internet mocks Donald Trump as he urges federal appeals court to grant him immunity in election subversion case
Former President Donald Trump's lawyers called the election subversion case against him 'unlawful and unconstitutional' (Joe Raedle/Getty Images)

WASHINGTON, DC: In a strategic move to shield himself from the looming federal election subversion criminal case in Washington, DC, former President Donald Trump has once again appealed to the federal appeals court to dismiss the charges against him.

The latest filing, submitted on Saturday, December 23, asserts Trump's claim to presidential immunity, arguing that his actions were integral to "ensure election integrity" while he was serving as president.

Legal battle over Donald Trump's claim to immunity unfolds

Trump's legal team is actively pushing the DC Circuit Court of Appeals to overturn a lower-court ruling that rejected his immunity claims in special counsel Jack Smith’s election subversion case, per CNN.

Despite the Supreme Court's recent refusal to expedite the case, Trump's lawyers maintain that he deserves immunity from criminal prosecution based on his official capacity as president.

The filing echoes the recurring theme in Trump's defense strategy, emphasizing that the former president was acting within the scope of his presidential duties. Trump's attorneys argue that his indictment is unconstitutional, citing a clause that prevents the criminal prosecution of presidents for "official acts" unless they are impeached and convicted by the Senate.

"The Constitution establishes a powerful structural check to prevent political factions from abusing the formidable threat of criminal prosecution to disable the President and attack their political enemies," Trump’s legal team wrote in the latest filing.

“Before any single prosecutor can ask a court to sit in judgment of the President’s conduct, Congress must have approved of it by impeaching and convicting the President,” they wrote, further arguing, “That did not happen here, and so President Trump has absolute immunity.”



 

As the legal battle intensifies, Trump's legal team warned that the indictment could set a precedent with far-reaching consequences. They argued that the punishment of a president is inherently political and should primarily be within the purview of Congress and the Senate, both politically accountable bodies.

"The structure of our government, the text of the Constitution and its early commentators, common-law immunity doctrines, our political history, the Supreme Court’s analogous immunity doctrines, and the policy considerations rooted in the separation of powers all dictate that no President, current or former, may be criminally prosecuted for his official acts unless he is first impeached and convicted by the Senate," Trump's lawyers insisted in the filing.

"Nor may a President face criminal prosecution based on conduct for which he was acquitted by the U.S. Senate. The indictment against President Trump is unlawful and unconstitutional. It must be dismissed," they added.

Trump faces social media backlash as lawyers claim immunity

However, critics of Trump swiftly voiced their dissent on social media platforms as news that the former president asked for the election interference case to be struck down surfaced on X.

"Someone tell him he’s not the President first of all," one posted on X (formerly Twitter). "What happened to no one is above the law?" another asked.



 



 

"Immunity - actually what the nation needs from him," someone else quipped.

"If you're innocent why would you ask for 'immunity?'" a comment read.

"You know what protects you from prosecution?? Not committing crimes," another offered.



 



 



 

Legal proceedings against Donald Trump

The appeals court has responded to Trump by expediting its consideration of his appeal, scheduling oral arguments for January 9. Meanwhile, District Judge Tanya Chutkan, overseeing the criminal case, has temporarily paused all procedural deadlines as the appeal unfolds, CNN reported.

Trump's efforts to delay his March 4 trial are evident, and the fight over the immunity claim plays a crucial role in these endeavors. Despite facing three other criminal prosecutions, Trump maintains a strong position in the polls for the Republican nomination.

In August, a federal grand jury in Washington indicted Trump on four charges: conspiracy to defraud the US, conspiracy to obstruct an official proceeding, obstruction, and conspiracy against the right to vote and to have one’s vote counted.

At his arraignment hearing, Trump pleaded not guilty, setting the stage for a protracted legal battle, NBC News reported.

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