Donald Trump is urging a federal appeals court to dismiss a federal election subversion criminal case in Washington, DC, by asserting presidential immunity.
His lawyers argue that his actions to “ensure election integrity” are protected under presidential immunity, and that his indictment is unconstitutional without impeachment and conviction by the Senate.
“The Constitution establishes a powerful structural check to prevent political factions from abusing the formidable threat of criminal prosecution to disable the President and attack their political enemies,” Trump’s attorneys wrote. (Trending: Trans Athlete Breaks College Record After Joining Women’s Team)
“Before any single prosecutor can ask a court to sit in judgment of the President’s conduct, Congress must have approved of it by impeaching and convicting the President,” they said.
“That did not happen here, and so President Trump has absolute immunity.”
Trump is trying to delay his trial and the appeals court is set to hear oral arguments on January 9.
The Supreme Court rejected a request to immediately hear the case.
Trump’s team is contesting the immunity ruling issued by District Judge Tanya Chutkan, who rejected Trump’s immunity claims.
They warn that Trump’s indictment could lead to politically motivated prosecutions in the future.
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