After the hearing before the Federal Court of Appeals in Washington, Trump once again defended his presidential immunity at a press conference. “I believe that as president you simply need to have immunity,” he told the media after the hearing at the Waldorf-Astoria Hotel. “You cannot have a president without immunity,” he added. “As president, you have to be able to do your job.”
Trump is convinced this is a politically motivated case involving a political opponent. The case sets a “very bad precedent,” he said, emphasizing that he “did absolutely nothing wrong.” However, he described the day in court as a “very good day” and was “very confident” that the immunity challenge would be won.
Trump also reiterated the arguments presented by his lawyers in court, warning of the consequences of prosecuting presidents. John Sauer, a lawyer representing Trump, opened the hearing, according to CNN reports, arguing that the indictment would “open a Pandora's box from which this nation may never recover.”
AP/Dana Verkouteren Former President Trump attended the hearing in person, but did not comment
The judges were skeptical
The justices expressed skepticism on Tuesday, but the decision was still pending. “Are you saying that a president could sell pardons, could sell military secrets, could order SEAL Team Six to assassinate a political rival?” Judge Florence Pan asked Trump's lawyer, Sour.
Sauer responded that if this were part of a president's official duties, he would have to be impeached and removed from office by Congress before he could be prosecuted. Trump was impeached twice, but the Senate did not convict him.
APA/AFP/Roberto Schmidt Due to the bad weather, only a few protesters gathered in front of the court
Accusation of attempted electoral fraud
Trump is indicted in Washington for attempted electoral fraud. Trump supporters stormed the Capitol in Washington on January 6, 2021. Congress met there to formally confirm Democrat Joe Biden's victory in the presidential election. Trump had already incited his supporters during a speech and still does not accept his defeat. As a result of the riots, five people died.
Trump and his team claim that the Republican's actions after the 2020 presidential election were part of his official duties as president. Declarations about the elections were the responsibility of the president. Trump's lawyers also said in court that it is only possible to prosecute a president if he has already been convicted in an impeachment trial. That is not the case with Trump.
Portal/Stephanie Keith Five people died in the storming of the Capitol on January 6, 2021
Prosecutor: President is not above the law
Special Counsel Jack Smith's team asked the court to reject the former president's request. “The president has a unique constitutional role, but he is not above the law,” said investigator James Pearce of Smith’s team.
A few weeks ago, the judge responsible for the case had already rejected a corresponding request and made it clear that annulling the electoral result was not one of the official functions of a president.
The appeals court also now indicated that it would not follow the arguments of Trump's lawyers. “I think it is paradoxical to say that his constitutional duty to ensure that laws are faithfully enforced allows him to violate criminal law,” CNN quoted a judge as saying.
The case will likely end up in the Federal Supreme Court
Regardless of the appeals court's decision, the case will likely end up in the U.S. Supreme Court due to its immense importance. It would be the first time the Supreme Court has addressed the question of whether former presidents enjoy immunity from prosecution at the federal level. This is also because never before in the history of the United States has a former US president been accused of crimes.
Portal/Cheney Orr Former President Trump at a campaign rally in Iowa on January 6
A lot depends on the decision. On the one hand, this means that the charge against Trump for attempted voter fraud stands or falls. The result is also crucial for the election campaign. Trump wants to return to the White House for the Republicans after the 2024 presidential elections. The primary elections for the candidacy are imminent. Trump leads by far in the party's internal polls. So far everything points to a new edition of the electoral campaign between him and the incumbent Biden.