Trump's Legal Team Argues for Immunity: Election Fraud Claims Within President's Role Sparks Federal Appeals Court Showdown

Donald Trump's legal team argues for immunity from prosecution in a federal appeals court, asserting his right to act within his presidential duties and responsibilities. Ongoing legal battle anticipated to be pivotal.

Update: 2023-12-25 00:56 GMT

Donald Trump's legal team has argued to a federal appeals court that the former president was acting within his role when he pressed claims of election fraud and irregularities, asserting his immunity from prosecution in a recent filing. They have stated that Trump's indictment threatens to "launch cycles of recrimination and politically motivated prosecution" that could plague the nation for many decades to come and undermine the confidence of American citizens in the judicial system.

The court has set arguments for January 9 to decide whether Trump is indeed immune from prosecution for what his defense lawyers claim to be official acts within the scope of a president's duties and responsibilities. The defense's argument was rejected by U.S. District Judge Tanya Chutkan earlier this month, who declared that the office of the presidency "does not confer a lifelong 'get-out-of-jail-free' pass."

Trump's legal team insists that all of the acts Trump is accused of, including urging the Justice Department to investigate claims of voter fraud, are quintessential presidential acts that protect him from prosecution. They also maintain that he cannot be criminally prosecuted for conduct for which he was already impeached and acquitted by Congress. On the other hand, federal prosecutors argue that Trump broke the law by scheming to disrupt the counting of electoral votes on January 6, 2021, including by pressing then-Vice President Mike Pence not to certify the results.

They further state that Trump participated in a plot to organize fake electors in battleground states won by Joe Biden who would falsely attest that Trump had actually won those states. While Trump's lawyers have suggested that he had a good faith basis for concern about election fraud, courts around the country and government officials have found no evidence to support his claims. The appeals court's decision on Trump's immunity from prosecution, as well as the larger implications of his indictment, is anticipated to be a pivotal moment in this ongoing legal battle.

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