Special Counsel urges court to reject Trump’s immunity claim
OAN’s Abril Elfi
3:45 PM – Saturday, December 30, 2023
Special Counsel Jack Smith has submitted a counterargument to President Trump’s claim of presidential immunity in connection with his 2020 election meddling case.
On Saturday, Smith filed the document in the District of Columbia Court of Appeals stating his intent was to ask for the “review of the order of the district court denying his motions to dismiss based on Presidential immunity and principles of double jeopardy.”
“Immunity from criminal prosecution would be particularly dangerous where, as here, the former President is alleged to have engaged in criminal conduct aimed at overturning the results of [an] election,” Smith wrote in the filing. “A President who unlawfully seeks to retain power through criminal means unchecked by potential criminal prosecution could jeopardize both the Presidency itself and the very foundations of our democratic system of governance.”
The report further charged Trump with “conspir[ing] to use knowingly false claims of election fraud with the goal of overturning the legitimate results of that election and disenfranchising millions of voters.”
“For the foregoing reasons, the Court should affirm the district court’s order denying the defendant’s motions to dismiss on Presidential immunity and double-jeopardy grounds,” it read. “For the reasons given in the Government’s motion to expedite appellate review, including the imperative public importance of a prompt resolution of this case, the Government respectfully requests the Court to issue the mandate five days after the entry of judgment. Such an approach would appropriately require any party seeking further review to do so promptly.”
In an attempt to expedite their review of the immunity claim before it was fully considered by a federal appeals court, Smith filed an appeal, but the U.S. Supreme Court recently rejected it.
Smith’s request was denied by Trump’s legal team in a court request as well.
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Why does Smith argue that immunity from criminal prosecution would be dangerous in this case?
Counterargument Submitted by Special Counsel in Response to President Trump’s Claim of Presidential Immunity
On December 30, 2023, Special Counsel Jack Smith submitted a counterargument in the District of Columbia Court of Appeals, challenging President Trump’s claim of presidential immunity in relation to the 2020 election meddling case.
The document filed by Smith aims to seek a review of the district court’s order, which denied motions to dismiss based on presidential immunity and principles of double jeopardy. Smith argues that immunity from criminal prosecution would be dangerous, especially in a case where a former President is alleged to have engaged in criminal conduct to overturn election results.
Smith stated in the filing, “A President who unlawfully seeks to retain power through criminal means unchecked by potential criminal prosecution could jeopardize both the Presidency itself and the very foundations of our democratic system of governance.”
The report also accuses Trump of conspiring to use knowingly false claims of election fraud with the goal of overturning legitimate election results and disenfranchising millions of voters.
The government, represented by Smith, called on the court to affirm the district court’s order denying the defendant’s motions to dismiss on presidential immunity and double-jeopardy grounds. It emphasized the public importance of a prompt resolution of this case and requested the court to issue the mandate five days after the entry of judgment.
In an attempt to expedite the review of the immunity claim, Smith filed an appeal, which was subsequently rejected by the U.S. Supreme Court. Trump’s legal team also denied Smith’s request in a court request.
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