In the midst of an ongoing legal battle between the legal team of former President Donald Trump and the US Department of Justice, Trump’s lawyers have recently called on the appeals court in Washington DC to reject charges claiming he sought to undermine the 2020 election.
In a filing submitted late Saturday, Trump’s legal team argued that he is shielded from accountability for actions during his presidency, emphasizing his belief in presidential immunity. This development comes after the US Supreme Court rejected special counsel Jack Smith’s request for an expedited review on presidential immunity.
This strategic legal move represents a progression in the ongoing legal clash between Trump and the special counsel. If the election interference case is delayed and Trump triumphs in the upcoming election, as indicated by current polls, he may gain the authority to dismiss federal charges against him.
In a comprehensive 55-page brief to the appeals court, Trump’s attorney, D. John Sauer, asserted the constitutional principle that one branch of government should not pass judgment on another.
“Under our system of separated powers, the judicial branch cannot sit in judgment over a president’s official acts,” Sauer emphasized. “That doctrine is not controversial.” he added.
He reiterated Trump’s defense, asserting that the former president’s actions were carried out within his official capacity to safeguard election integrity, consequently falling under presidential immunity, which shields presidents from criminal prosecution for their official duties.
Sauer emphasized the historical lack of criminal charges against a president, contending that the absence of such actions over centuries suggests the nonexistence of such prosecutorial power.
“The unbroken tradition of not exercising the supposed formidable power of criminally prosecuting a president for official acts – despite ample motive and opportunity to do so, over centuries – implies that the power does not exist,” he wrote.
The intricate dynamics among legislative, executive, and judicial powers are significantly shaping the 2024 election landscape. A recent decision by Colorado’s supreme court, which declared Trump ineligible for the state’s ballot based on his alleged actions contesting the 2020 popular vote, introduced another layer to the ongoing legal saga.
However, the implementation of this ruling has been delayed, pending potential examination by the US Supreme Court next month.
Before embarking on a holiday break at Camp David, President Joe Biden conveyed skepticism about absolute presidential immunity from prosecution, challenging Trump’s assertions on this issue.
