Donald Trump, this Wednesday, in the New York court where the civil trial against him for fraud is taking place. MIKE SEGAR (Portal)
Donald Trump launches a legal counteroffensive in court. In the same week that he is being indicted in a civil case for corporate fraud in New York, the former president has launched two relevant initiatives in two of the four cases for which he is criminally charged. In Washington’s case over its attempts to overturn Joe Biden’s victory in the 2020 presidential election, Trump is claiming “presidential immunity” by pointing out that he carried out his actions in the line of duty. In the case of Florida, lawyers are calling for the trial to be postponed until at least mid-November 2024 (i.e. after the presidential election) due to the secrets that the country keeps in classified documents. He argues that this conflicts with the schedule of other cases and would therefore force him to be in two places at the same time.
The 52-page application, presented this Thursday to the court in Washington, first points out that the President of the United States is the core of the government system, the leader of the nation, the head of state and the head of government. “To ensure that the President can safely carry out his duties without fear of his political opponents for decisions they do not like, the law provides for absolute immunity “for actions within the ‘outer scope’ of official responsibility.” [del Presidente]“, he claims and refers to several precedents from the Supreme Court, which could ultimately decide in this case.
“The incumbent administration has broken 234 years of precedent and charged President Trump with actions that are not just on the ‘outer edge’ but at the core of his official responsibilities as president.” “The prosecution does not and cannot argue that “President Trump’s efforts to ensure and advocate for the integrity of the election were outside his purview,” the brief said.
“In contrast, prosecutors falsely allege that President Trump’s motives were impure because he supposedly ‘knew’ that widespread reports of voter fraud and irregularities were false but tried to address them anyway.” But like the Constitution, the As the Supreme Court and centuries of history and tradition make clear, the president’s motives should not be decided by prosecutors or this court. On the contrary, when the President’s actions, as in this case, are within the scope of his office, he is absolutely immune from reproach,” the core of the argument says.
The prosecutor claims that the actions by which Donald Trump attempted to manipulate the results and prevent the certification of Joe Biden could in no way be considered to have been committed in the exercise of his office. Trump’s lawyers, on the other hand, portray it as if the president was not interested in cheating, but rather in ensuring that the process runs smoothly “to guarantee the integrity of the election.” Because some of their actions were so uncivil, they devote a section to arguing that “the nature of the action, rather than the manner in which it is carried out or its alleged purpose, determines whether it falls within the scope of immunity.” again, they cite Supreme Court precedents.
As with so many things in law, there are different interpretations of the same facts. Although it is certain that the prosecutor will reject the request and it is likely that Judge Tanya Chutkan will also reject it, it is harder to predict what will happen in higher courts, especially the Supreme Court with its conservative supermajority of six justices nine judges, three of whom were appointed by Trump himself. It’s one of the biggest advantages of defending himself against the four counts he faces in the Washington case. The trial is scheduled for March 4, 2024, the eve of Super Tuesday, an important primary election day in the United States. .
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After the presidential election on November 5 this year, Donald Trump’s lawyers asked Judge Aileen Cannon to postpone the trial in Florida on charges of illegally concealing defense secrets and other related offenses, i.e., in the Mar-a-Lago classified papers case . They did so back in July, claiming the former president’s agenda was busy, especially in an election year. Then they said, “President Trump is a candidate for President of the United States and is currently the likely nominee of the Republican Party.” “This undertaking will require a tremendous amount of time and energy, and these efforts will continue through the election on November 5, 2024. “
In the new brief, the lawyers do not mention the elections, but call for the trial to be postponed until mid-November or later, i.e. after the elections. They note that “the District of Columbia trial date of March 4, 2023 and the calendar underlying this case currently require President Trump and his attorneys to be in two locations at the same time.”
In fact, the trial in Washington could be extended until it overlaps with the proceedings in the Florida case and does not meet the established schedule, which suggests a start of the trial on May 20th. They also accuse the public prosecutor of delays in providing case documents.
Trump has also asked to delay the trial in Washington, in this case until 2026. Delaying the trial is one of the defense tactics his lawyers regularly use. Furthermore, if he delays proceedings in these two federal cases until after the election, he could potentially appoint an attorney general to head the Justice Department who would drop the charges or, even more, pardon himself if convicted.