WASHINGTON: A panel of US appeals court judges showed deep skepticism on Tuesday toward Donald Trump’s assertion that, as a former president, he should be exempted from prosecution over charges of conspiring to overturn the 2020 election. The 77-year-old Trump, currently a front-runner for the 2024 Republican presidential nomination, attended the appeals court hearing held in Washington under tight security.
Scheduled to face trial on March 4 on charges of conspiring to overturn the 2020 election, Trump’s legal team argued that a president can only be prosecuted for actions taken while in office if they have been first impeached and convicted by Congress. Trump’s attorney, John Sauer, warned of dire consequences, stating that authorizing the prosecution of a president for official acts would set a precedent with lasting consequences.
However, the three-judge panel appeared unconvinced by Trump’s immunity claim. Judge Karen Henderson, an appointee of former Republican President George H.W. Bush, expressed reservations about the claim, stating it was paradoxical to assert that a president’s constitutional duty allows for the violation of criminal laws.
Meanwhile, Judge Florence Pan, a Biden appointee, raised a hypothetical scenario questioning whether a president could be criminally prosecuted for ordering the assassination of a political rival by Navy SEAL special forces.
Donald Trump’s Immunity Claim
The Justice Department attorney, James Pearce, argued against the immunity claim, emphasizing that Trump’s conduct was unprecedented. Pearce contended that the president, while having a unique constitutional role, is not above the law. The immunity case, which the Supreme Court denied an immediate hearing, is expected to play a pivotal role, with potential implications for Trump’s ongoing legal battles.
Following the hearing, Trump, who was not required to attend, criticized the pursuit by the Justice Department under Biden, characterizing it as “very unfair.” He asserted that such legal actions were aimed at influencing the political landscape and warned of potential chaos in the country.
The trial for Trump’s alleged election conspiracy is set to commence on March 4, with ongoing efforts by his legal team to delay proceedings. The Supreme Court, where Trump has an appeal pending related to his exclusion from Colorado’s presidential primary ballot, could ultimately weigh in on the immunity case.
