According to his lawyers, Donald Trump was acting within his presidential role when he made claims about "alleged fraud and irregularity" in the 2020 election. They argued that he should be immune from prosecution.
In a late Saturday night filing, the attorneys also stated that the four-count indictment against Trump, accusing him of plotting to overturn the election he lost to Joe Biden, would have significant historical consequences.
It is worth noting that no other former president has ever faced indictment, while Trump himself has been indicted four times in both state and federal court, even as he campaigns to reclaim the White House.
"The indictment of President Trump threatens to create a never-ending cycle of blame and politically motivated prosecutions that will haunt our nation for many decades. It also has the potential to undermine the very foundation of our Republic, eroding the trust of American citizens in an independent judicial system," the lawyers wrote in a brief submitted to the U.S. Court of Appeals for the District of Columbia Circuit.
Trump's Immunity from Prosecution Questioned by Appeals Court
At issue before the court, which has set arguments for Jan. 9, is whether Trump is immune from prosecution for what defense lawyers say are official acts that fell within the outer perimeter of a president's duties and responsibilities.
U.S. District Judge Tanya Chutkan earlier this month rejected that argument, siding with prosecutors from special counsel Jack Smith's team and declaring that the office of the presidency "does not confer a lifelong 'get-out-of-jail-free' pass."
The appeals court's role in the dispute is center stage after the Supreme Court on Friday rejected a request from Smith to fast-track a decision on the immunity question. After Trump appealed Chutkan's order, Smith urged swift intervention from the high court in an effort to get a speedy decision that could keep the case on track for a trial scheduled to start on March 4.
But with that request denied, the two sides are advancing their arguments before the appeals court, where a three-judge panel will decide as early as next month whether to affirm or overrule Chutkan's decision.
In their latest filing, Trump's lawyers say that all of the acts Trump is accused of — including urging the Justice Department to investigate claims of voter fraud and telling state election officials that he believed the contests had been tainted by irregularities — are "quintessential" presidential acts that protect him from prosecution.
President Trump's Efforts to Defend Election Integrity
A group of lawyers representing former President Donald Trump argued that his actions to challenge the 2020 election results were in line with his duties as Chief Executive of the United States. They claimed that Trump's efforts were aimed at advocating for and defending the integrity of the federal election, which he believed was tainted by fraud and irregularity.
Furthermore, the lawyers argued that Trump cannot be criminally prosecuted for the same conduct for which he was previously impeached and acquitted by Congress, citing the Constitution.
In contrast, federal prosecutors assert that Trump violated the law after the election by allegedly scheming to disrupt the counting of electoral votes on January 6, 2021. They claim that Trump pressured then-Vice President Mike Pence to not certify the results and was involved in a plot to organize fake electors in battleground states won by President Joe Biden.
Despite Trump's lawyers suggesting that he had legitimate concerns about election fraud, multiple courts and government officials, including Trump's own attorney general, have found no evidence to support these claims.
