In a hearing held at the federal appeals court in Washington, Donald Trump's lawyers argued in favor of the former Republican president's presidential immunity in relation to the events that occurred during the assault on the Capitol in 2021.
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Former US President Donald Trump suggested that Democrats will seek to win the next presidential election through legal proceedings. These statements came after Trump attended a hearing in a Washington court.
“I think they feel like this is the way they're going to try to win,” Trump told reporters as he left the courthouse. “What has happened with this whole situation is very sad. When they talk about a threat to democracy, this is a real threat to democracy,” he added.
Trump participated in the hearing, scheduled less than a week before the Iowa caucuses, which marks the beginning of the electoral calendar in the United States. Although his presence was not mandatory and he did not have permission to speak. Upon leaving, he falsely accused current President Joe Biden of forcing him to step away from his campaign to go to court.
Taking advantage of the media assistance, the former president reiterated one of the arguments presented by his lawyers: he said that rejecting his request for immunity and allowing the criminal case to continue would open a “Pandora's box” against the acting leaders.
The judges continually questioned Trump's defense about his claims that the former president is exempt from criminal charges for actions he said were covered by his official responsibilities during his term. Inside the courtroom, his defense went so far as to uphold presidential immunity even in hypothetical cases of political assassinations of opponents.
“I feel like, as president, you have to have immunity. Very simple,” Trump commented as he left.
Last month, the lower court judge overseeing the case considered that the president cannot rely on immunity from the charge and the questions posed by the appeal judges this Tuesday raise how convinced they can be with the defense's answers.
“I think it is paradoxical to say that your constitutional duty to see that the laws are faithfully executed allows you to violate criminal law,” said Judge Karen LeCraft Henderson, an appointee of former Republican President George HW Bush.
A decision that would mark the political history of the United States.
The outcome of this case could have significant consequences both for the ongoing criminal proceedings against Trump and for the broader and still legally untested question of whether a former president can face prosecution for actions taken during his tenure in the White House.
Additionally, it is likely to lay the groundwork for future appeals to the U.S. Supreme Court, which, while recently declining a request to intervene, could decide to get involved later.
How quickly this decision is made is crucial for special prosecutor Jack Smith and his team, who seek to bring the case to trial before the November elections. However, Trump's lawyers, in addition to seeking the dismissal of the case, aim to benefit from a lengthy appeals process that could significantly delay the start of the trial, initially scheduled for early March, even until after the election.
Avoiding trial is the key to the defense of Trump, accused of several crimes, although the most serious is conspiracy to obstruct an official proceeding. In total, if convicted, he could face up to 55 years in prison.
It is Trump's first court appearance in Washington since he was charged in August. The magnate took his place at the defense table. There, he observed carefully, took occasional notes, and communicated with his attorneys during the hearing.
Former presidents enjoy broad immunity from lawsuits for actions taken as part of their official White House duties. But since no president before Trump has been indicted, it is a legal challenge for the courts.
“The president has a unique constitutional role but is not above the law. “The principles of separation of powers, the constitutional text, history, precedents and immunity doctrines point to the conclusion that a former president does not enjoy immunity from prosecution,” prosecutor James Pearce argued.
This constitutes one of the four criminal cases pending against Trump, just ten months before the presidential elections. The trial is scheduled to begin on March 4, coinciding with the primary election process, in which Trump appears as the favorite candidate.
With AP
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