Former President Donald Trump is asserting that he cannot be held criminally liable for actions taken during his presidency due to presidential immunity.
This argument was recently presented at the U.S. Court of Appeals for the District of Columbia, where his legal team sought to establish that presidents are shielded from prosecution for official actions unless impeached and convicted by Congress.
However, this argument has faced skepticism and has not been successful in previous cases. (Trending: Trump Defies Court And Delivers Closing Argument At Civil Fraud Trial)
Trump reacts to hearing on presidential immunity pic.twitter.com/9v2mDoG7U7
— AnalyzingAmerica (@AnalyzAmerica) January 9, 2024
The Supreme Court has yet to weigh in on the matter, and the decision of the D.C. Circuit panel is expected soon.
There are varied perspectives on the issue, with some arguing that absolute presidential immunity lacks support in doctrine or history, while others believe that prosecuting Trump for official acts could set a dangerous precedent for future presidents.
“It would authorize, for example, the indictment of President Biden in the Western District of Texas after he leaves office for mismanaging the border, allegedly. … Could George W. Bush be prosecuted for obstruction of an official proceeding for allegedly giving false information to Congress, to induce the nation to go to war in Iraq under false pretenses? … Could President Obama be potentially charged for murder for allegedly authorizing drone strikes targeting US citizens located abroad?” — Trump attorney John Sauer stated.
“When a sitting President running for re-election speaks in a campaign ad or in accepting his political party’s nomination at the party convention, he typically speaks on matters of public concern. Yet he does so in an unofficial, private capacity as office-seeker, not an official capacity as office-holder. And actions taken in an unofficial, private capacity cannot qualify for official-act immunity.’” the U.S. Court of Appeals for the District of Columbia Circuit wrote.
“The clause makes clear that the official may still go to jail — that he remains ‘subject to Indictment, Trial, Judgment and Punishment’ even after he is removed from his job. … Trump’s lawyers contend that this text says something it absolutely does not say.” George T. Conway III wrote.
Despite the ongoing legal battles, some suggest that Trump’s legal team may be attempting to delay the trial rather than genuinely expecting to win the immunity dispute.
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