Washington | Portal and AFP
The Republican Donald Trump appeared this Tuesday (9) in a federal court in the United States and argued that, as a former president, he should enjoy immunity from criminal proceedings in which he is accused of trying to overturn the results of the 2020 elections, in which he lost to the current head of the American executive branch, Joe Biden.
The businessman's lawyers are trying to persuade three Washington appeals court judges to reject election interference allegations, arguing that former presidents enjoy “absolute immunity” and are not prosecuted for actions taken while in the White House can. Trump will not have a chance to speak out.
The favorite for the Republican Party's 2024 presidential nomination is scheduled to go on trial on March 4 in a Washington court a few blocks from the Capitol a building that was breached by a mob of Trump supporters on January 6, 2021. to prevent the certification of Biden's victory.
But with the Republican Party primaries set to begin next week, Trump is using the hearing as an opportunity to claim he is a victim of political persecution.
In the courtroom, Trump's lawyer John Sauer said that prosecuting former presidents would “open a Pandora's Box from which the nation may never recover,” an argument that appears to have been insufficient to persuade the justices.
“Are you saying a president could sell pardons, sell military secrets, and ask SEAL Team Six? [grupo de elite da Marinha dos EUA que atua contra o terrorismo] to murder a political rival?” asked Judge Florence Pan.
Sauer responded that in this case the politician must be impeached by Congress and removed from office before being prosecuted Trump went through two impeachment trials, but the Senate acquitted him both times.
Special Counsel Jack Smith, who is leading the prosecution, argued that granting such broad legal protection would give future presidents permission to commit crimes such as accepting bribes or directing the FBI to plant evidence against political opponents.
Smith accused Trump of a complex conspiracy to complicate the counting and certification of his 2020 defeat, culminating in the Jan. 6 attack Trump has pleaded not guilty. The case is one of four criminal trials Trump faces this year as he tries to win back the White House.
The U.S. Justice Department has long held that sitting presidents cannot be prosecuted for their actions while in office, and Trump has said the same should apply to former presidents.
For Smith, however, Trump acted as a candidate, not a president, when he pressured officials to throw out the election results and encouraged his supporters to march on the Capitol in January 2021.
The Republican says he will sue Biden if the dispute is unsuccessful and he returns to the White House after the November election. “If I don’t have immunity, then corrupt Joe Biden won’t have immunity either,” Trump said in a video posted on social media. “Joe would be willing to be prosecuted.”
Trump, who lost to Democrats in the 2020 election, has gained a significant lead over his rivals for the Republican presidential nomination since the first indictment against him was announced in March last year. He is expected to easily win next Monday's contest (15) in Iowa.
The appeals court ruling will be important in determining whether Trump will face trial before the November 5, 2024 election. A New York Times poll published in December 2023 in collaboration with Siena College found that nearly a quarter of his supporters believe he should not be the Republican nominee if he is found guilty of a crime.