A federal appeals court panel expressed skepticism over former President Donald Trump’s claim of immunity from criminal charges related to his actions during the 2020 election. The panel, including Judges Karen Henderson, Florence Pan, and Michelle Childs, questioned Trump’s contention that a president could not be prosecuted for actions like selling military secrets or assassinating a rival without first being impeached and convicted by Congress.
Judge Henderson, a George H.W. Bush appointee, found it paradoxical that a president’s duty to enforce laws could allow violation of criminal law. Trump’s trial in Washington, D.C., currently scheduled for March 4, faces potential delays due to this legal debate. Special counsel Jack Smith alleges that Trump’s efforts to subvert the election could constitute disenfranchisement and fraud.
U.S. District Court Judge Tanya Chutkan had previously rejected Trump’s immunity claims, prompting his appeal. During the hearing, the judges seemed inclined to uphold Chutkan’s ruling but were divided on the decision’s scope and timing.
Trump’s attorney, John Sauer, argued that allowing prosecution would set a dangerous precedent, potentially initiating a cycle of political retribution. However, the judges were dubious, with Pan emphasizing the potential weakening of criminal law enforcement and constitutional safeguards if Trump’s prosecution were dismissed.
The judges also noted a contradiction in Trump’s legal stance: claiming absolute immunity while admitting the possibility of prosecution post-impeachment. They debated whether to reject outright the notion of former presidents’ immunity or issue a narrower ruling specific to Smith’s charges against Trump.
Trump, who attended the hearing, remained stoic, occasionally writing notes. The court’s decision, whether broad or narrow, is expected to significantly influence the progress of Trump’s trial and the interpretation of presidential immunity in criminal cases.
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