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.

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.

  • hpca01@programming.dev
    0·
    11 months ago

    What the fuck is the Constitution actually good for if these fucks can just magically active the meaning to random sentences written by old fucks over 200 years ago when horses were the mode of transportation.

    • ferralcat@monyet.cc
      0·
      11 months ago

      Immunity isn’t in the constitution for anyone. The supreme court just made it up at one point to try and keep themselves from being sued. I assume that’s what they’re appealing with here. No one knows how it works because, again, they just made it up.