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 December 26, 2023

Trump files for dismissal in 2020 elections case with federal appeals court

Late Saturday night, Trump urged a federal appeals court to reject special counsel Jack Smith's complaint that accused Trump of illegally conspiring to overthrow the 2020 election results.

In a 71-page document, Trump's legal team argued that their client enjoys "absolute immunity from prosecution for his official acts" as president, as The Daily Wire reported.

This includes Trump's quest to "advocate for and defend the integrity of the federal election, in accord with his view that it was tainted by fraud and irregularity."

The defendant's "four-year service as Commander in Chief did not bestow on him the divine right of kings to evade the criminal accountability that governs his fellow citizens." U.S. District Judge Tanya Chutkan, who was appointed by Obama, had previously rejected Trump's immunity claim. Judge Chutkan

Previously the court did not accept Trump's First Amendment argument.

Regarding the immunity claim, Trump's legal team has lodged an appeal. Additionally, they were granted their plea for a suspension in the proceedings.

As a result, Smith's legal team requested that the appeals court review the immunity claim as soon as possible. Oral arguments are set to take place on January 9 after the appeal court granted the request.

Last Monday, the Supreme Court denied Smith's team's separate request that it resolve the subject of presidential immunity before the federal appeals court could rule on it, ending their hopes of maintaining the trial timeline currently set for March 4, 2024.

Given that Trump is campaigning for reelection to the presidency, the fact that it is one day before Super Tuesday has been an issue of deep contention among commentators.

The legal team representing President Trump has stated that, barring an impeachment and subsequent conviction by the Senate, their client may not face criminal charges for certain actions taken while in office.

In fact, on January 6, 2021, the Democratically controlled House impeached Trump for allegedly instigating the U.S. Capitol breach; however, the Republicanally controlled Senate exonerated him. According to Trump's legal team, the indictment is both "unlawful and unconstitutional."

Since the ex-president is facing a double jeopardy violation, they claimed, the district court's decision should be overturned and Smith's lawsuit dismissed.

Smith claimed on August, the day the indictment was unsealed, that Trump's alleged falsehoods "targeted at obstructing a bedrock function of the U.S. government, the nation's process of collecting, counting, and certifying the results of the presidential election," were what "fueled" the "unprecedented assault on the seat of American democracy" on January 6.

Aside from the above mentioned issues, Trump is also embroiled in three separate criminal investigations, one of which is being spearheaded by Smith and concerns the former president's handling of secret documents.

A "witch hunt" is being led by politically motivated prosecutors, according to Trump, who has vehemently denied any wrongdoing.

Written By:
Charlotte Tyler

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