lawrota.com

In a groundbreaking legal showdown, D.C. Circuit judges displayed profound skepticism towards Donald Trump’s post-presidential immunity claim during recent arguments. The U.S. Court of Appeals for the D.C. Circuit engaged in a rigorous examination of Trump’s assertions, challenging the unprecedented nature of his arguments.

The U.S. Court of Appeals for the D.C. Circuit recently delved into the complex legal debate surrounding Donald Trump’s claims of post-presidential immunity. The arguments, lasting nearly 80 minutes, centered on Trump’s contention that presidential immunity and the Impeachment Judgment Clause shield him from prosecution by Special Counsel Jack Smith in federal court in D.C.

Trump’s defense, presented by lawyer John Sauer, faced tough scrutiny from the three-judge panel. Notably, Judge Florence Pan questioned the core of Trump’s argument, highlighting the contradiction between absolute immunity and the possibility of prosecution after impeachment and conviction. The Impeachment Judgment Clause, a focal point of the debate, was wielded by both sides, with Trump’s legal team asserting that criminal prosecution is only permissible after impeachment.

However, the judges appeared unconvinced by Trump’s unprecedented claim of absolute immunity. Judge Pan skillfully dismantled the argument, suggesting that accepting such immunity would grant a former president impunity for actions like selling pardons or divulging military secrets without facing criminal repercussions.

As the debate unfolded, the contradictory nature of Trump’s stance became apparent. His lawyers, acknowledging the availability of criminal investigation and prosecution in the second impeachment, now argued against its applicability in the current case. The court, unswayed by this inconsistency, continued to explore the broader implications of the case beyond criminal immunity.

Judge Karen Henderson delved into the distinction between discretionary and ministerial actions, drawing on precedents like Marbury v. Madison. The recent Blassingame v. Trump decision, addressing Trump’s immunity from civil lawsuits, was also referenced, raising questions about the boundaries between official duties and personal actions.

Ultimately, the D.C. Circuit judges seemed poised to reject Trump’s motion, affirming U.S. District Judge Tanya Chutkan’s decision to deny the dismissal of the case. The expedited timeline suggests a swift decision, but Trump’s legal team anticipates seeking further review if the ruling goes against him.

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Source: https://www.lawdork.com/p/dc-circuit-trump-immunity-arguments