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
Taylor Swift subpoenaed as witness in legal case bteween Blake Lively, Justin Baldoni

Taylor Swift Summoned as Witness in Legal Dispute Between Blake Lively and Justin Baldoni

Taylor Swift has been subpoenaed in the case between Blake Lively and…
Prince Harry on a phone call, knocking on a door in Fulham.

Prince Harry Accidentally Knocks on Wrong Door While Looking for Friend, Expresses Concerns About Safety in UK Without Police Protection

PRINCE Harry is pictured on a doorbell camera — calling at houses…
DHS defends ICE detainment of Georgia college student who violated traffic laws: 'Not ignoring rule of law'

DHS Justifies ICE’s Detainment of Georgia Student for Traffic Violations: Upholding the Law

<!–> Democrats Redirect Deportation Debate to ‘Due Process’ Fox News senior congressional…
Heartwarming: Test Beagles' Journey From Fauci's NIH Experimentation Lab to Forever Home

Heartwarming: Test Beagles Find Their Forever Homes After Leaving NIH Experimentation Lab

The director of the National Institutes of Health (NIH), Jay Bhattacharya, announced…
Menendez brothers: Attorneys rescind motion to have LA County DA Nathan Hochman kicked off resentencing case

Menendez Brothers’ Legal Team Withdraws Motion to Disqualify LA County DA Nathan Hochman from Resentencing Case

Attorneys representing Erik and Lyle Menendez have withdrawn their request to disqualify…
Who is Maria Jesus M.C aka black widow of Patraix and how long was she jailed for murdering Antonio Navarro Cerdan?

Who is Maria Jesus M.C, known as the ‘Black Widow of Patraix,’ and what is the length of her prison sentence for the murder of Antonio Navarro Cerdan?

MARIA Jesus Moreno Canto is the inspiration behind Netflix’s latest true crime…
Retired Supreme Court Justice David Souter dies at 85 

Former Supreme Court Justice David Souter passes away at age 85

(The Hill) — Retired Justice David Souter, who served nearly twenty years…
Wordle, White Sox and more: Fast facts about Pope Leo XIV

Fun Facts About Pope Leo XIV: From Wordle to the White Sox

Pope Leo XIV, now the successor of St. Peter, leads the 1.4…
Jacksonville police secure AR-16, more weapons from armed suspect

Jacksonville Police Confiscate AR-16 and Additional Weapons from Armed Individual

The Jacksonville Sheriff’s Office clarified that the substantial police activity on Friday…
Pope Leo XIV was an active Republican primary voter and voted in 2024 presidential election

Pope Leo XIV Actively Participates in 2024 Republican Primary Voting

Grand Old Popey. Pope Leo XIV, an engaged voter, has taken part…
No verdict, mistrial declared in trial of Grand Rapids, Michigan police officer Christopher Schurr in Patrick Lyoya shooting

Mistrial Declared: No Verdict in Grand Rapids Officer Christopher Schurr’s Case for Shooting Patrick Lyoya

A mistrial was declared by a judge on Thursday in the case…
New cold front? Kashmir standoff raises specter of US-China proxy fight

Kashmir Tensions Could Signal Potential US-China Proxy Conflict Amid New Cold Front

The ongoing tensions between India and Pakistan over the disputed Kashmir region…