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Trump is accused of trying to illegally retain power after the 2020 election.
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Prosecutors have charged him and federal and state courts for his alleged actions.
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The 45th president argues his conduct was part of his official duties.
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Trump is asking for legal immunity.
(NewsReady.com) – The Department of Justice has long held that sitting presidents can’t be charged with a crime while in office. Presidents are also immune from prosecution for carrying out the duties of their office. That is to prevent political retribution.
Former President Donald Trump is trying to take it a step further. His legal team is asking the Supreme Court to grant him complete immunity, even if he committed a crime while serving as POTUS.
Immunity Request
On March 19, Trump’s legal team filed a request with the US Supreme Court asking the justices to grant him full immunity. The request is related to the felony charges filed against him by Special Counsel Jack Smith for allegedly trying to overturn the 2020 election.
According to the brief, a president is not able to “function, and the presidency itself cannot retain vital independence” if a POTUS can face “criminal prosecution for official acts once he leaves office.” The filing also argues that if a former president is allowed to be charged with crimes, it would “strike at the heart of the separation of power.”
The DC Circuit Court ruled against Trump in February. During arguments in that case, one of the judges asked the Trump legal team if a former president would be immune from prosecution if he ordered the military to murder a political rival. The attorney said he would unless he’d been impeached and convicted.
In its ruling against the former president, the DC court stated that if prosecutors succeed in proving that he illegally tried to remain in power, it would show he committed an “unprecedented assault on the structure of [the] government” and should not be immune from consequences. They also stated that they could not accept his claims that presidents have “unbounded authority to commit crimes” as it would erase the most “fundamental check” on presidential power—elections.
Legal Arguments
The former president’s legal team is arguing that his behavior after the 2020 election was part of his official duties as president. The prosecution alleges that it was his personal desire to stay in power that drove him to take steps to overturn the results.
Trump’s team has also argued that former presidents cannot be charged with crimes unless they have been impeached and convicted. However, during the impeachment over the January 6 attack, many Republicans claimed they voted against convicting him because he was a former president.
The Supreme Court has already agreed to hear the case. Oral arguments will take place on April 25.
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