Special Counsel Jack Smith is scheduled to respond by Dec. 30, after which a three-judge panel will hear oral arguments on Trump’s ‘immunity’ appeal of his D.C. indictment on Jan. 9

A federal appeals court should dismiss Donald Trump’s federal felony indictment on election-subversion charges on the grounds that he has “immunity” from prosecution for acts committed while president, attorneys for Trump argued in a court filing Saturday night.

The 71-page opening brief from Trump’s legal team took direct aim at Special Counsel Jack Smith’s criminal charges, calling them “unlawful and unconstitutional” because under the U.S. government system the judicial branch “cannot sit in judgment over a President’s official acts.”

Trump’s lawyers argue that the only way a current or former president can be charged for official acts is if he’s both impeached by the House and convicted by the Senate. They also lean hard into an untested legal argument that Trump can’t be prosecuted for acts where he did get impeached but the Senate acquitted him.

  • norbert@kbin.social
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    10 months ago

    No worries, if that’s the ruling Biden can just stay in office and jail his political opponents. These idiots have absolutely no self-awareness and will say whatever they need to in the moment.

    • Jaysyn@kbin.social
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      10 months ago

      If PotUS is immune to all criminal prosecution, Biden can hunt SCotUS justices for sport.

      • MagicShel@programming.dev
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        10 months ago

        He should march down there and arrest the whole supreme court. Hold them for an hour while they think about their legal position, then send them to bed without supper.

      • Drusas@kbin.social
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        10 months ago

        Even better, we could get an awful lot of money if he were to sell game tickets to the highest bidders. In the name of egalitarianism, I would suggest that teams should be allowed so that the lower income people can band together and pool their money for a slot.

    • kent_eh@lemmy.ca
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      10 months ago

      They are already accusing Biden (and other democrats) of trying to do that and worse…