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Crime

Battle Over Presidential Protection Intensifies in Federal Election

On October 17, 2023, Former President Donald Trump is seated in a Manhattan courthouse, participating in the trial for his civil fraud case at the New York State Supreme Court in New York City. (Source: Andrew Kelly / Pool via Getty Images)

Former President Donald Trump is urging a federal appeals court to dismiss the federal election subversion criminal case in Washington, DC, by emphasizing his claim of presidential immunity. His legal team argues that Trump while acting in his official role to ensure election integrity, is shielded from criminal prosecution for “official acts” without facing impeachment and conviction by the Senate.

Former President Donald Trump has called on a federal appeals court to dismiss the federal election subversion criminal case in Washington, DC, asserting that he is shielded by presidential immunity. (Source: Indica News)

Trump Urges Court Appeals

They assert that the indictment is unconstitutional and threatens the presidency. The court appeals expediting its review, is scheduled to hear oral arguments on January 9, while Trump seeks to delay his March 4 trial, with the immunity claim being a central focus. The Supreme Court declined to expedite the case, leaving the appeals court to decide. Both parties retain the option to appeal to the Supreme Court later. The case revolves around allegations that Trump undermined the 2020 election results. The lower court, led by District Judge Tanya Chutkan, rejected Trump’s immunity claims, stating that his service as commander-in-chief did not grant him immunity from criminal accountability. The legal battle underscores Trump’s efforts to avoid trial and raises constitutional questions about the prosecution of a former president.

Trump’s legal team contends that the indictment not only lacks constitutional basis but also poses a significant risk of initiating cycles of politically motivated prosecution. They argue that the punishment of a president is inherently political and falls under the jurisdiction of the branch most politically accountable—Congress and, ultimately, the Senate. This legal dispute, with potential long-lasting implications, adds to the ongoing debate over the extent of presidential immunity and the consequences of prosecuting a former president for actions taken while in office.

READ ALSO: Russia Stops Peaceful Candidate from Running Against Putin in Election

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