Trump's Legal Team Pushes For Dismissal Of 2020 Election Subversion Case In Appeals Court

The attorneys of former President Donald Trump have pleaded with a federal appeals court to dismiss his 2020 election subversion case in Washington, D.C..

What Happened: The D.C. Circuit Court of Appeals received a plea from Trump’s lawyers on Saturday night, urging the court to overturn a lower court’s judgment that dismissed Trump’s immunity claim, The Hill reported.

Trump’s legal team first made this argument in October, claiming that the former president’s actions in the lead-up and during the Capitol attack on Jan. 6, 2021, were within the scope of presidential immunity.

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In their latest submission, Trump’s lawyers reiterated that Trump’s actions were official acts aimed to “advocate for and defend the intensity of the federal election,” on the grounds that he believed it was marred by fraud and irregularities. They argue that the indictment is “illegal and unconstitutional” and that Trump should first be impeached and convicted by the Senate before he faces criminal prosecution for his actions as president.

Why It Matters: This move came a day after the Supreme Court rejected special counsel Jack Smith‘s plea to consider Trump’s claim that his actions are shielded from criminal prosecution by presidential immunity.

Meanwhile, earlier this month, Federal Judge Tanya Chutkan declared that the office of the President does not provide an eternal ‘get-out-of-jail-free’ card. Trump is looking at four felony charges, accusing him of being a part of a conspiracy to defraud the U.S. and playing a key role in a campaign to obstruct the certification of votes on Jan. 6.

The oral argument for the appeals case is slated for Jan. 9, and the trial is scheduled for March, according to court filings.

If the court upholds the lower court’s decision, it may set a precedent for future presidents who face legal challenges post-presidency. On the other hand, if the court overturns the lower court’s decision and accepts Trump’s claim of immunity, it could potentially shield presidents from legal repercussions for their actions while in office.

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