Donald Trump appeared today before an audience that could have significant consequences for the 2024 presidential election, in a legal confrontation of transcendental importance. The key question is whether the former president enjoys immunity from federal legal action for acts during his term.
Trump's legal team maintains that all actions taken by him as president, including those after the election, were official acts protected by presidential immunity. In contrast, it is argued that Trump's post-election actions were undertaken as an “office seeker,” not as a sitting president, and therefore not covered by immunity.
Legal experts cited by Fox News Raise First Amendment Concerns Over Criminalization of Former President's Speech. The Washington DC court will determine whether Special Counsel Jack Smith's case against Trump, related to the 2020 election, can move forward. This decision could have a significant impact on the 2024 electoral cycle.
Current stage of the trial against Donald Trump for inciting insurrection
The process is in a pre-trial phase, focused on procedural issues, without yet addressing the merits of the case itself. There is no set deadline, but the court is expected to expedite the process due to its potential impact on the upcoming election.
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The results of this trial will have direct repercussions on the presidential elections, for which Trump is a candidate.
Fulton County Sheriff's Office/AFP
The losing party can appeal to the entire DC appeals court or directly to the Supreme Court. This case could set precedents on the legal responsibility of former presidents.
Trump is represented by Dean Sauer. Meanwhile, the US government is represented by James Pearce of the Department of Justice (DOJ).
The hearing was conducted by a panel of three judges: Karen Henderson, Michelle Childs, and Florence Pan. All of them sit on the U.S. Court of Appeals for the District of Columbia Circuit.
The DC Circuit is the second most powerful court in the US, with notable alumni such as Chief Judge John Roberts and the late Justice Ruth Bader Ginsburg. Trump was present during the oral arguments. Michael Dreeben, a member of Special Counsel Robert Mueller's team, was also present. The investigation has so far cost taxpayers more than US$12,000,000.
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