Jack Smith Rejects Trump’s Immunity Claim in New Filing
Channel: News Scope
Date: 2023-12-31

Jack Smith Rejects Trump’s Immunity Claim in New Filing
“Rather than vindicating our constitutional framework, the defendant’s sweeping immunity claim threatens to license Presidents to commit crimes to remain in office,” the brief filed on Saturday states
Jack Smith and his team filed a new brief on Saturday with the D.C. Circuit Court of Appeals, which rejected Donald Trump’s claims that he’s immune from prosecution over his attempts to overturn the 2020 presidential election on the basis that he was president at the time and that he was acquitted by the Senate following being impeached over his actions.

“Rather than vindicating our constitutional framework, the defendant’s sweeping immunity claim threatens to license presidents to commit crimes to remain in office,” special counsel Smith and his team wrote in their 82-page filing (via Politico). “The Founders did not intend and would never have countenanced such a result.”

Last weekend, Trump claimed he was merely doing his “duty” as commander-in-chief by alleging the election was “rigged” or “stolen.” His lawyers offered their own late-night filing last Saturday to the D.C. Court of Appeals, where they asked the judges to overturn a lower court’s ruling that Trump can be prosecuted for the actions he took while in office. Being president, District Judge Tanya Chutkan wrote in the ruling earlier this month that "it does not confer a lifelong ‘get-out-of-jail-free’ pass.”

In the new brief, Smith argues that there is no blanket immunity from criminal prosecution afforded to the presidency, especially for a former president charged with threats to the transfer of power. "The dismissal [is] unwarranted because the indictment contains substantial allegations of a plot to overturn the election results that fall well outside the outer perimeter of official presidential responsibilities,” Smith wrote.

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