Former President Donald Trump should not be immune from prosecution for trying to overturn the results of the 2020 presidential election because that would be against the pillars of American democracy, Special Counsel Jack Smith argues in a court filing.
Trump Appeal
Trump has filed an appeal of a court ruling that refused his request to have federal election interference charges against him dropped, claiming that as President, he was entitled to immunity from prosecution.
2020 Election
The case, investigated by Smith and in which Trump was subsequently indicted, stems from the 2020 presidential election that Trump lost to Joe Biden. Refusing to concede defeat, Trump maintained the vote had been “rigged” and “stolen” from him. The outgoing President then called on his supporters to protest the result at the US Capitol, on January 6, 2021, but rioting broke out that left five people dead.
Smith Filing
Smith’s filing urging no immunity for Trump reads: “That approach would grant immunity from criminal prosecution to a President who accepts a bribe in exchange for directing a lucrative government contract to the payer; a President who instructs the FBI Director to plant incriminating evidence on a political enemy; a President who orders the National Guard to murder his most prominent critics; or a President who sells nuclear secrets to a foreign adversary.”
Presidential Scenarios
The brief continues: “In each of these scenarios, the president could assert that he was simply executing the laws; or communicating with the Department of Justice; or discharging his powers as commander-in-chief; or engaging in foreign diplomacy.”
Trump’s Criminal Immunity View
Smith also wrote in the court filing: “In [Trump’s] view, a court should treat a President’s criminal conduct as immune from prosecution as long as it takes the form of correspondence with a state official about a matter in which there is a federal interest, a meeting with a member of the executive branch, or a statement on a matter of public concern.”
US Supreme Court Refusal
The special counsel has already attempted to block Trump’s immunity request by filing a motion at the US Supreme Court, but the justices refused to hear the case and returned the matter to the US Court of Appeals for the District of Columbia Circuit. It is due to start hearing arguments on January 9.
Trump Is ‘Wrong’
Smith says in an opening argument in his petition to the lower court that Trump is “wrong” to assert that he has presidential immunity.
“For the first time in our Nation’s history, a grand jury has charged a former President with committing crimes while in office to overturn an election that he lost,” he writes. “In response, the defendant claims that to protect the institution of the Presidency, he must be cloaked with absolute immunity from criminal prosecution unless the House impeached and the Senate convicted him for the same conduct. He is wrong.”
‘Principle of Accountability’
The special counsel continues: “The Presidency plays a vital role in our constitutional system, but so does the principle of accountability for criminal acts – particularly those that strike at the heart of the democratic process. Rather than vindicating our constitutional framework, the defendant’s sweeping immunity claim threatens to license Presidents to commit crimes to remain in office. The Founders did not intend and would never have countenanced such a result.”
Trump’s Indictments
Trump is fighting two cases of election interference that he has been indicted for, in Georgia along with Smith’s federal case, which is due to be heard in Washington in early March. He has also been indicted in connection with hush money payments made to a former adult actress and for alleged mishandling of classified government documents. Trump denies all the charges and claims they were brought by Democrats trying to stop him from becoming president again.
Trump’s Third White House Bid
Trump is aiming to become the Republican Party’s candidate for the 2024 presidential election and is the frontrunner among rivals including Florida Governor Ron DeSantis, with a wide lead of about 50 percentage points in national polling.
Biden the Democratic Leader
President Biden is the frontrunner for the Democratic Party nomination, as he mounts a campaign for a second term in office. National polling puts the incumbent at around 70 percent support from registered Democratic voters. If he and Trump get their respective parties’ nominations, following primaries and caucuses that soon get underway, it would be a rerun of the controversial 2020 election.
Read More
Terrifying Prospects: 12 Moves Trump Could Unleash If Re-elected in 2024
21 Things MAGA Followers Permanently Destroyed For Everyone Else