USALife.info / NEWS / 2023 / 12 / 30 / SPECIAL COUNSEL JACK SMITH URGES APPEALS COURT TO REJECT TRUMP'S CLAIM OF "PRESIDENTIAL IMMUNITY"
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Special counsel Jack Smith urges appeals court to reject Trump's claim of "presidential immunity"

22:09 30.12.2023

In a recent court filing, U.S. Department of Justice Special Counsel Jack Smith has disputed former President Donald Trump's claim to presidential immunity in the ongoing 2020 election interference case. The document, which was filed on Saturday in the U.S. Court of Appeals for the District of Columbia, seeks a review of the district court's order denying Trump's motions to dismiss based on presidential immunity and double jeopardy.

Smith argues that granting immunity from criminal prosecution to a president accused of engaging in criminal conduct aimed at overturning election results would be "particularly dangerous." He states that such immunity could jeopardize both the presidency itself and the foundations of the democratic system of governance. The filing accuses Trump of conspiring to use knowingly false claims of election fraud to overturn the legitimate results of the election and disenfranchise millions of voters.

The conclusion of the document calls for the affirmation of the district court's order denying Trump's motions to dismiss on the grounds of presidential immunity and double jeopardy. Additionally, the government requests the court to issue the mandate five days after the entry of judgment, emphasizing the imperative public importance of a prompt resolution of the case.

However, the Supreme Court recently rejected Smith's appeal to expedite their assessment of the immunity claim before it went fully through a federal appeals court. Trump's legal team has asked the court to deny Smith's request, arguing that the denial of a claim of presidential immunity from criminal prosecution warrants the Supreme Court's review.

Special Counsel Jack Smith's filing comes in the midst of other legal battles involving Trump's claim to immunity. Just a day before, an appeals court allowed a lawsuit brought by a group of U.S. Capitol Police officers against Trump to move forward, ruling that he is not entitled to absolute immunity from civil lawsuits. This lawsuit focuses on Trump's alleged conduct surrounding the assault on the U.S. Capitol on January 6, 2021.

Scheduled oral arguments on the matter are set to take place at the Appeals Court for the D.C. Circuit on January 9, 2024. District Judge Tanya Chutkan, who is presiding over the case, has previously ruled that Trump cannot be shielded from federal prosecution for crimes allegedly committed while he was in the White House.

Smith had requested the Supreme Court to bypass the appellate court hearing the case, but his request was denied. Trump's attorneys argue that the special counsel was urging the justices to rush to decide the issues with reckless abandon by asking the Supreme Court to fast-track the case and leapfrog the appeals court.

Trump has pleaded not guilty to four charges related to an alleged scheme to obstruct the peaceful transfer of presidential power after the 2020 election. Smith's filing also raises concerns about the potential abuse of presidential immunity, highlighting scenarios such as a president taking bribes or instructing law enforcement agencies to plant incriminating evidence on political enemies.

The filing argues that the Senate's failure to convict Trump at the 2021 impeachment trial does not immunize him from prosecution, stating that the nation should have recourse to deter a president from inciting violence or engaging in unlawful actions to remain in office.

The court filing by Special Counsel Jack Smith adds to the ongoing legal battle surrounding Trump's claim to presidential immunity and the potential consequences for the democratic system of governance. The arguments put forth by both sides will be closely scrutinized as the case moves forward in the court system.

/ Saturday, December 30, 2023, 10:09 PM /

themes:  Donald Trump  Washington

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