<p><a href="https://www.dailywire.com/topic/donald-trump" target="_blank" rel="noopener">Donald Trump</a> asked a federal appeals court late on Saturday to dismiss special counsel <a href="https://www.dailywire.com/topic/jack-smith" target="_blank" rel="noopener">Jack Smith</a>&#8216;s case accusing the former president of unlawfully plotting to overturn the results of the 2020 election.</p>
<p>Trump has &#8220;absolute immunity from prosecution for his official acts&#8221; as president, including him seeking to &#8220;advocate for and defend the integrity of the federal election, in accord with his view that it was tainted by fraud and irregularity,&#8221; Trump&#8217;s lawyers argued in a <a href="https://storage.courtlistener.com/recap/gov.uscourts.cadc.40415/gov.uscourts.cadc.40415.1208582803.0_3.pdf" target="_blank" rel="noopener">71-page filing</a></p>
<p>U.S. District Judge Tanya Chutkan, an appointee of former President Barack Obama, previously rebuffed Trump&#8217;s immunity claim, <a href="https://www.pbs.org/newshour/politics/trump-appeals-ruling-rejecting-immunity-claim-as-window-narrows-to-delay-federal-election-case" target="_blank" rel="noopener">saying</a> the defendant&#8217;s &#8220;four-year service as Commander in Chief did not bestow on him the divine right of kings to evade the criminal accountability that governs his fellow citizens.&#8221; The judge also rejected Trump&#8217;s <a href="https://www.msn.com/en-gb/news/us/judge-rejects-trump-s-claim-of-immunity-in-his-federal-2020-election-prosecution/ar-AA1kRP85" target="_blank" rel="noopener">First Amendment</a> defense.</p>
<p>Trump&#8217;s legal team <a href="https://www.pbs.org/newshour/politics/trump-appeals-ruling-rejecting-immunity-claim-as-window-narrows-to-delay-federal-election-case#:~:text=WASHINGTON%20(AP)%20%E2%80%94%20Former%20President,results%20of%20the%202020%20election" target="_blank" rel="noopener">filed an appeal</a> on the immunity claim. They also requested a pause in the proceedings, which was <a href="https://www.reuters.com/world/us/us-judge-pauses-trump-2020-election-case-while-he-appeals-immunity-ruling-2023-12-13/" target="_blank" rel="noopener">then granted</a>. Smith&#8217;s team responded by asking the appeals court to consider the immunity claim on an expedited basis. The appellate court accepted the request and oral arguments are <a href="https://www.documentcloud.org/documents/24229331-dc-circuit-oral-arguments?responsive=1&amp;title=1" target="_blank" rel="noopener">scheduled</a> for January 9.</p>
<p>Smith&#8217;s team separately asked the Supreme Court to address the presidential immunity question before the federal appeals court had a chance to rule on the matter — part of a bid to keep the trial schedule intact — but the high court <a href="https://www.dailywire.com/news/supreme-court-deals-blow-to-jack-smith-refuses-to-quickly-take-up-trump-immunity-claim" target="_blank" rel="noopener">rejected the request last week</a>. The trial is currently <a href="https://www.forbes.com/sites/saradorn/2023/08/28/judge-sets-march-4-trial-date-for-trumps-federal-election-interference-case/?sh=50ff4b547905" target="_blank" rel="noopener">set</a> to start on March 4, 2024. The date is <a href="https://www.dailywire.com/news/how-trumps-trial-schedule-lines-up-with-the-2024-election-calendar" target="_blank" rel="noopener">one day before Super Tuesday</a>, which is significant as Trump is running a campaign seeking another term in the White House.</p>
<p>Trump&#8217;s lawyers said their client may not be criminally prosecuted for specific conduct while in office unless he was impeached by the House and then convicted by the Senate. Indeed, in a similar matter, Trump was impeached by the Democrat-led House for allegedly <a href="https://www.dailywire.com/news/breaking-democrat-controlled-house-votes-to-impeach-trump" target="_blank" rel="noopener">encouraging the U.S. Capitol breach</a> on January 6, 2021, but the GOP-led Senate acquitted him. The indictment is &#8220;unlawful and unconstitutional,&#8221; Trump&#8217;s legal team said, arguing the district court&#8217;s order should be reversed and Smith&#8217;s case dismissed because the former president is being subject to <a href="https://www.ojp.gov/ncjrs/virtual-library/abstracts/double-jeopardy-clause-fifth-amendment" target="_blank" rel="noopener">a double jeopardy violation</a>.</p>
<p>On the day the indictment was unsealed in August, Smith <a href="https://www.justice.gov/sco-smith/speech/special-counsel-jack-smith-delivers-statement-0#:~:text=The%20indictment%20was%20issued%20by,the%20seat%20of%20American%20democracy." target="_blank" rel="noopener">said</a> the &#8220;unprecedented assault on the seat of American democracy&#8221; on January 6 was &#8220;fueled&#8221; by Trump&#8217;s alleged lies &#8220;targeted at obstructing a bedrock function of the U.S. government, the nation’s process of collecting, counting, and certifying the results of the presidential election.&#8221;</p>
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<p>Trump is facing three other criminal cases, including another one led by Smith over the former president&#8217;s handling of classified documents, as well as civil litigation. Trump has broadly denied any wrongdoing and has argued that politically motivated prosecutors are conducting a &#8220;witch hunt&#8221; against him.</p>

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Trump Asks Federal Appeals Court To Dismiss 2020 Election Case