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Former US president Donald Trump appeared before a federal appeals court on Tuesday arguing his case that he cannot be prosecuted for any role he may have had in trying to overturn the 2020 election.
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Trump’s lawyers argued that his federal election subversion indictment should be dismissed because he is immune from prosecution.
Special counsel Jack Smith’s team argued that allowing presidential immunity from prosecution would open a “floodgate” and saying that it would be “awfully scary” should a future president commit a crime.
Trump lawyers countered by accusing the special counsel of “unlawfully attempt[ing] to try, convict, and sentence President Trump before an election in which he is likely to defeat President Biden.”
They also raised the question of former US President Barack Obama ordering the killing by drone of a United States citizen accused of terrorism residing on foreign soil. The decision to take out the individual at the time was controversial a controversial one.
Trump attorney John Sauer previously warned that this case could theoretically lead to charges against sitting president Joe Biden, Obama or former president George W. Bush.
“To authorize the prosecution of a president for his official acts would open up Pandora’s box from which this nation may never recover,” Sauer said.
Most experts seem to believe the former president's argument is a weak one.
David Schultz, a professor at the University of Minnesota and national expert in constitutional law, told ABC News, "We have language from some framers indicating that even if there might have been some immunity while a person was president of the United States, once they've left office there's no immunity and they could be charged with the crime."
- Gilbert Horowitz, Gambling911.com
