The appeals court is reviewing a lower court’s decision to dismiss Trump’s argument that presidents have “absolute immunity” from criminal prosecutions.
Topline
Former President Donald Trump’s legal team asked an appeals court to dismiss the the federal case charging him with attempting to overturn the results of the 2020 presidential election, saying presidents enjoy broad protection from criminal prosecution over their actions in office, the latest in an ongoing battle with federal prosecutors over immunity.Key Facts
Trump’s legal team argued that presidents cannot be criminally prosecuted for “official acts unless he is first impeached and convicted by the Senate,” his lawyers wrote in a filing before a Washington, D.C. appeals court.
Trump was impeached by the House in January 2021 for his role in the Jan. 6 Capitol riots, but was acquitted a month later in a trial before the Senate, which requires a vote of two-thirds of its members to convict a president.
The filing notes that for 234 years, “no current or former President had ever been criminally prosecuted for official acts” and asserts that “the historical fallout [of Trump’s prosecutions this year] is tremendous.
