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Trump’s immunity appeal argument is more dangerous than it seems

via ABC 7 Chicago
This article was originally published at StateOfUnion.org. Publications approved for syndication have permission to republish this article, such as Microsoft News, Yahoo News, Newsbreak, UltimateNewswire and others. To learn more about syndication opportunities, visit About Us.

Former President Donald Trump is actively working to delay special counsel Jack Smith’s election interference case by appealing trial Judge Tanya Chutkan’s ruling.

Trump’s legal team is focusing on reasserting his “presidential immunity” defense, aiming to shield him from the charges brought against him.

The defense is based on the assertion that the judiciary has no power over his actions while in office. (Trending: Could Taylor Swift Save Biden In 2024?)

However, Smith’s indictment highlights Trump’s pursuit of unlawful means to subvert the election results, challenging the legitimacy of his claims.

Trump’s attorneys wrote, “Under the doctrine of separated powers, neither a federal nor a state prosecutor, nor a state or federal court, may sit in judgment over a President’s official acts, which are vested in the Presidency alone.”

The attorneys argued that Trump’s decisions are not, “examinable by the Judicial Branch.”

Trump’s arguments rely on tenuous assumptions and a broad interpretation of “official acts,” aiming to establish immunity from judicial oversight.

Overall, Trump’s constitutional worldview suggests an attempt to operate without constraints, posing a challenge to the balance of power envisioned by the Constitution.

Jack Smith alleged that Trump, “pursued unlawful means of discounting legitimate votes and subverting the election results.”

Also that Trump, “Targeted a bedrock function of the United States federal government: the nation’s process of collecting, counting, and certifying the results of the presidential election.”

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