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TRUMP MAKES ARGUMENT TO SUPREME COURT ABOUT WHY HE DESERVES PRESIDENTIAL
IMMUNITY
The justices will hear oral arguments on the matter on April 25.
ByDevin Dwyer
March 19, 2024, 9:08 PM
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6:18
Former U.S. President Donald Trump looks on at a campaign event in Waterford
Township, Michig...Show MoreShow More
Rebecca Cook/Reuters
Former President Donald Trump on Tuesday filed a brief with the Supreme Court
making his formal argument for why he should be granted absolute presidential
immunity from criminal prosecution -- asking the justices to dismiss a
four-count federal indictment over his efforts to overturn the results of the
2020 election that he lost.
The high court will hear oral arguments on the matter on April 25.
"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 attorneys wrote in their opening brief to
the high court in U.S. v. Trump.
"Denial of criminal immunity would incapacitate every future President with de
facto blackmail and extortion while in office, and condemn him to years of
post-office trauma at the hands of political opponents," they argued. "The
threat of future prosecution and imprisonment would become a political cudgel to
influence the most sensitive and controversial Presidential decisions, taking
away the strength, authority, and decisiveness of the Presidency."
MORE: SUPREME COURT TO HEAR TRUMP'S CRIMINAL IMMUNITY CLAIM, FURTHER DELAYING
JAN. 6 TRIAL
Former U.S. President Donald Trump looks on at a campaign event in Waterford
Township, Michigan...Show more ---Show more
Rebecca Cook/Reuters
Similar to arguments made in lower courts, which were unsuccessful, Trump
contended that presidential immunity flows from the Constitution's Executive
Vesting Clause and the separation of powers.
While a unanimous appeals court panel resoundingly rejected the claim, Trump
again implored the justices to adopt the view that only a president convicted by
the Senate following impeachment proceedings could be criminally prosecuted.
"The Constitution authorizes the criminal prosecution of a former President, but
it builds in a formidable structural check against politically motivated
prosecutions by requiring a majority of the House and a supermajority of the
Senate to authorize such a dramatic action," Trump's team wrote. "The Founders
thus carefully balanced the public interest in ensuring accountability for
Presidential wrongdoing against the mortal danger to our system of government
presented by political targeting of the Chief Executive."
MORE: HOW THE SUPREME COURT STEPPING INTO THE TRUMP IMMUNITY FRAY COULD AFFECT A
JAN. 6 TRIAL
The Supreme Court's decision to hear the case further delays Trump's
prosecution. Special counsel Jack Smith brought four charges against Trump over
his alleged election subversion in 2020 and on Jan. 6, 2021. The former
president has pleaded not guilty and denies any wrongdoing.
Smith's team has been instructed to file their own brief on the matter by April
8.
20240319150454815_23-939 - Brief for Petitioner by ABC News Politics on Scribd
RELATED TOPICS
* Donald Trump
* Supreme Court
* 2024 Elections
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