Washington:
Former US President Donald Trump has urged a federal appeals court to dismiss the criminal case against federal election subversion in Washington DC, arguing that he is protected by presidential immunity, CNN reported.
Trump wants the DC Circuit Court of Appeals to overturn a lower court ruling rejecting his claims of immunity in special counsel Jack Smith's election subversion case. The appeals panel is weighing Trump's request, which the Supreme Court declined Friday to grant on an expedited basis as Smith requested.
According to CNN, the filing reiterates what the former president's lawyers have repeatedly alleged: that Trump was working in his official capacity as president to “ensure election integrity” when he allegedly undermined the 2020 election results and therefore enjoys immunity, and that his indictment is unconstitutional. because presidents cannot be criminally prosecuted for “official acts” unless they are impeached and convicted by the Senate.
Trump's lawyers wrote on Saturday: “The Constitution provides powerful structural checks to prevent political factions from abusing the formidable threat of criminal prosecution to take out the President and attack their political enemies.”
“Before a single prosecutor can ask a court to review the President's conduct, Congress must have approved it by impeaching and convicting the President,” they wrote. “That did not happen here, and so President Trump has absolute immunity.”
The former president has sought to delay his March 4 trial in the case, with his fight over the immunity claim underscoring those efforts, according to CNN.
The appeals court has expedited the hearing of his appeal and will hear oral arguments in the case on January 9. District Judge Tanya Chutkan, who is overseeing his criminal case, temporarily suspended all procedural deadlines in the case while the appeal winds down. .
On Friday, the Supreme Court rejected a request from Smith for the justices to immediately hear the case before the D.C. Circuit had a chance to weigh in. Both parties will have the opportunity to appeal the final ruling of the appeals court to the highest court. court.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)