They aim to dismiss his federal indictment for alleged election subversion in 2020, citing presidential immunity.
In the filing, Trump's legal team posited that the courts cannot hold him accountable for actions undertaken during his presidential tenure. Consequently, they argue that the four-count indictment for purported election subversion in 2020 should be dismissed.
"President Trump has absolute immunity from prosecution for his official acts as President. The indictment alleges only official acts, so it must be dismissed," stated John Sauer, Trump's attorney, in an extensive briefing to the DC Circuit Court of Appeals.
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On the previous Friday, the Supreme Court declined to expedite the case, bypassing the appeals court, a significant victory for Trump. Special counsel Jack Smith had requested the high court to expedite the matter, arguing that the Supreme Court would inevitably have the final say as the DC Circuit Court of Appeals' eventual decision would likely be contested by either party.
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The Supreme Court did not provide a rationale for not granting Smith's request for a "writ of certiorari" to expedite the case.
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Smith aimed to prevent a delay in Trump's trial, scheduled for March 4, 2024, a day before the Super Tuesday contest where 16 states hold either primaries or caucuses. Unspoken concerns were that delaying the election subversion case could favor Trump. If he manages to delay the trial and regain the presidency in 2024, convicting him on the charges may prove futile, given a president's pardon power and protections from prosecution while in office.
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Earlier this month, District Judge Tanya Chutkan, presiding over Trump's four-count indictment in the subversion case, dismissed the presidential immunity claims. She ruled that the 77-year-old was not entitled to a "lifelong get-out-of-jail-free pass." This led Trump's lawyers to appeal to the DC court, which in turn triggered Smith's unsuccessful attempt to involve the Supreme Court.
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Chutkan has halted "any further proceedings that would move this case towards trial" during the appeal.
Trump's claims of presidential immunity venture into a largely unexplored and highly contentious area of constitutional law.
Sauer referenced Trump's impeachment following the Jan. 6, 2021, Capitol riot, suggesting that prosecuting him now for those actions would constitute "double jeopardy." This term refers to a clause in the Fifth Amendment that prevents individuals from being prosecuted twice for the same crime.
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"A President who is acquitted by the Senate cannot be prosecuted for the acquitted conduct. The Clause's plain meaning, its historical context, and the decisive weight of authority from key commentators all confirm that a single unelected prosecutor lacks authority to second-guess the judgment of the U.S. Congress," Sauer wrote.
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In the final week of his presidency in 2021, Trump was impeached and subsequently acquitted of incitement of insurrection.
Smith's four-count indictment of Trump primarily focuses on a conspiracy to obstruct an official proceeding on Jan. 6, 2021, and concurrent legal schemes to undermine the election.
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Prosecutors have previously rebutted the idea that Trump's election maneuvers, such as his allies' attempts to present alternate elector slates or his directive to then-Vice President Mike Pence to decertify the election, were part of his official presidential duties.
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Due to the time-sensitive nature of the case, the DC Circuit Court of Appeals scheduled oral arguments for Jan. 9, 2024. Briefs must be filed by Jan. 2, 2024.
If Trump is deemed to have presidential immunity, this could also impact his 13-count Georgia election tampering case.
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If the legal dispute over presidential immunity delays the federal 2020 subversion case, then Manhattan District Attorney Alvin Bragg's hush money case against Trump might be the first of his four indictments to go to trial. This trial is currently set to begin on March 25, 2024. The case includes 34 counts for allegedly falsifying business records to conceal hush money payments intended to hide damaging information about him.
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Trump is facing a total of 91 criminal counts across four indictments. He has pleaded not guilty and denied any wrongdoing in all of them.
The courts are set to tackle a range of Trump-related questions ahead of the 2024 election.
Last Tuesday, the Colorado Supreme Court disqualified Trump from the GOP primary ballot — a decision his campaign has pledged to appeal to the Supreme Court.
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