Former President Donald Trump's attorneys has formally requested that the D.C. federal appeals court dismiss one of the four cases in which he is currently involved.
Trump's attorney asked that the appeals court dismiss the case one day after the Supreme Court rejected a request from special counsel Jack Smith to quickly rule on Trump's argument that he has prosecutorial immunity, as Just The News reported.
The Trump attorneys asked the lower court on Saturday evening to reject the case, on the grounds that the activities for which he is being legally pursued fall under his official presidential responsibilities.
Attorneys for former president Trump made the same argument in October, but at that time, federal Judge Tanya Chutkan rejected the argument earlier this month.
Trump has pleaded not guilty to four felony counts connected to his supposedly illegal attempt to invalidate the 2020 presidential election, claiming that it should have been decided in his favor.
"President Trump has absolute immunity from prosecution for his official acts as President. The indictment alleges only official acts, so it must be dismissed," Trump's attorneys wrote in Saturday evening's filing.
Smith, the prosecutor in that case, asked the Supreme Court to reach down to rule on the immunity claim, before an appeals court could would hear and rule on the issue a ruling on the matter, as Trump's trial is scheduled for March 4.
According to the Associated Press, Smith is trying to avoid the appeals court since a federal judge indicated the lawsuit could move on, but Trump hinted he would ask an appeals court to overturn the ruling.
U.S. District Court Judge Tanya Chutkan ruled that Trump does not enjoy presidential immunity. Trump has already asked to suspend proceedings in the lawsuit while he appeals.
"This case presents a fundamental question at the heart of our democracy: whether a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin," prosecutors wrote in their filing.
Trump pleaded not guilty to all federal criminal charges that he was indicted on related to the 2020 presidential election and subsequent Jan. 6, 2021, Capitol riot. The trial is still scheduled for March 4.
The earliest that the Supreme Court could consider the case would be Jan. 5, when the justices have their next private conference scheduled.
