Share this @internewscast.com

WASHINGTON — Former President Donald Trump on Tuesday told the Supreme Court he should be granted absolute immunity for his effort to overturn the 2020 election results that culminated in the Jan. 6 attack on the Capitol, saying a ruling against him would “incapacitate every future president.”

Trump’s legal team filed a brief outlining its legal arguments ahead of oral arguments on April 25, saying Trump should enjoy absolute immunity for any official acts he undertook as president.

“The president cannot function, and the presidency itself cannot retain its vital independence, if the president faces criminal prosecution for official acts once he leaves office,” Trump’s lawyers wrote.

If the court rejects his claim, it would “incapacitate every future president,” leaving presidents open to blackmail and extortion, they added.

Prosecutors led by special counsel Jack Smith are hoping for a swift ruling against Trump so that a criminal trial can take place before November’s presidential election. Smith’s own brief is due April 8.

The court, which has a 6-3 conservative majority, including three Trump appointees, will be considering the novel legal question of whether a former president enjoys presidential immunity for “conduct alleged to involve official acts during his tenure in office.”

Trump has so far lost that argument in two different courts.

In the new brief, his lawyers argue that the case zeroes in on the president’s unique powers under the Constitution, which the Supreme Court has previously affirmed in various contexts, although not in a criminal case.

They cite among other things a 1982 Supreme Court ruling in a case called Nixon v. Fitzgerald that said presidents cannot be sued in civil cases for conduct within the “outer perimeter” of their authority.

The justices should “neutralize one of the greatest threats to the president’s separate power, a bedrock of our republic, in our nation’s history,” the lawyers added.

Trump’s team also left open the possibility that, if the court rejects his bid to have the charges dismissed outright, it could remand the case to lower courts for further fact-finding on whether the charges concern official acts. That would delay any trial even further.

Smith’s team has previously argued that there is no broad immunity that prevents former presidents from being prosecuted for criminal acts committed in office. An attempt to “use fraudulent means to thwart the transfer of power” should not be considered an official act, Smith said in earlier court papers.

Trump’s immunity claim was prompted by a four-count indictment in Washington, including charges of conspiracy to defraud the U.S. and conspiracy to obstruct an official proceeding. He has pleaded not guilty.

Washington-based U.S. District Judge Tanya Chutkan rejected Trump’s plea for immunity in December.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld that decision in February, prompting Trump to turn to the Supreme Court.

Share this @internewscast.com
You May Also Like
Epstein flight manifests revealed as House committee releases docs, transcript with former US attorney

House Committee Unveils Epstein Flight Manifests and Transcript with Former U.S. Attorney

On Friday, the House Oversight Committee unveiled a transcript of an interview…
Alaska evacuations today: Typhoon storm devastation, flooding so bad many evacuees won't go home for at least 18 months, gov says

Alaska Faces Severe Flooding: Evacuations Underway with Long-Term Displacement Expected

ANCHORAGE, Alaska — The devastation caused by recent flooding in remote Alaskan…
Hamas defends executions of Palestinians after Trump issues stern warning to terror group

Hamas Justifies Palestinian Executions Amid Trump’s Strong Warning to the Group

EXCLUSIVE TO FOX: In a recent interview with Reuters, a senior Hamas…
78-year-old man missing in Oregon may have fallen in hole; police ask for help

Urgent Search: Oregon Police Seek Public’s Help to Find Missing 78-Year-Old Man Feared Fallen in Hole

In a bid to locate a missing elderly resident, Oregon authorities are…
UVU professor and former FBI agent warns of new pattern of political violence after Charlie Kirk assassination

Left-Wing Academics Intensify Critique of Charlie Kirk’s Legacy Following His Assassination

Following the assassination of Charlie Kirk at Utah Valley University in Orem…
Israel identifies remains of 10th deceased hostage handed over by Hamas

Israel Confirms Identification of Tenth Deceased Hostage’s Remains Returned by Hamas

In a recent development, Israel confirmed on Saturday that the remains handed…
Judge Bert Guy resigns after DUI arrest at Wacko's strip club in Jacksonville

Judge Bert Guy Steps Down Following DUI Incident at Jacksonville Venue

In a recent incident stirring the Brunswick Judicial Circuit, former judge Robert…
ABC7 Chicago Junior Sportscaster Contest

ABC7 Chicago Launches Contest for Aspiring Junior Sportscasters

CHICAGO (WLS) — Have you ever imagined yourself as the voice behind…
Swifties help Monterey Bay Aquarium raise $2.1M with vintage tee fundraiser

Swifties Power Monterey Bay Aquarium’s $2.1M Success with Vintage Tee Fundraiser

A nostalgic shirt from the 90s has been revived by an aquarium,…
Cyndi Lauper reveals why she was 'asked to leave' her Catholic school

Cyndi Lauper Opens Up About Her Expulsion from Catholic School and the Surprising Reason Behind It

Girls just want to have fun, but sometimes that fun comes with…
Watch live: 'No Kings' protests held across the country

Join the Movement: ‘No Kings’ Nationwide Protests Streamed Live – What You Need to Know

With over 2,500 events planned across the nation, tune in here for…
Gaza famine claims face mounting scrutiny as mortality data falls far short of predictions

Expert Analysis Reveals Discrepancy in Predicted Gaza Famine Death Toll: Scrutiny Intensifies

As humanitarian aid continues to pour into Gaza following a ceasefire deal…