Former President Donald Trump’s attorneys filed a motion to dismiss a federal election interference case, asserting “absolute immunity” for actions taken during his presidency.
The case, brought by Special Counsel Jack Smith, accuses Trump of attempting to manipulate the 2020 election.
Trump’s legal team plans to raise the issue of executive immunity in criminal court, with a pending civil appeal seen as the best chance to bring the matter to the Supreme Court. (Trending: Judge Issue Major Ruling On Transgender Procedures For Kids)
Trump has repeatedly called the charges “a persecution of a political opponent.”
The case involves a Black police officer that is suing Donald Trump after facing racist abuse and was physically assaulted during the January 6, 2021 Capitol riot.
U.S. Capitol Police Officer James Blassingame reported being called the N-word “more times than he could count” and beaten by the mob “in his face, head, chest, arms, and what felt like every part of his body,” according to the pending lawsuit.
Blassingame is suing the former president for the “severe emotional toll” that he suffered on Jan. 6th.
Trump’s immunity claims have faced rejection in civil lawsuits, and the pending appeal could affect the criminal case.
Trump’s legal team wants the Blassingame lawsuit to be settled before the criminal trial begins.
Univ. of Baltimore law professor, Kim Wehle has predicted that both the U.S. Supreme Court and the federal appeals courts will not follow their precedent of avoid interlocutory appeals.
“To go to trial, if there is immunity or some other threshold basis to not go to trial, would damage the presidency itself,” Wehle explained.
Adding, “Practically speaking, they’re not going to put the country through a trial when there is a valid immunity defense from the threshold, from the get-go.”
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