Former DC Officials and Prominent Figures Submit Brief Arguing Against Immunity for Trump

In a recent court filing, a group of sixteen former DC officials and legal experts presented an amici curiae brief to the US Court of Appeals to argue against immunity for ex-presidents in criminal cases, specifically targeting President Trump’s immunity appeal. The list of attorneys includes former Bush administration staff, along with openly anti-Trump figures such as Bill Kristol, Patrick Fitzgerald, and George Conway, among others. The group claims that ex-presidents should not be granted immunity and insists on holding former officeholders accountable for any wrongful actions, even after they have left office.

The prominent individuals who are part of this brief include Brad Berenson, who served as Associate Counsel to George W. Bush, Ty Cobb, who was Special Counsel to Trump, and Olivia Troye, who was a Special Advisor to Mike Pence. The presence of these figures with strong connections to past Republican administrations adds weight to the filing.

In the brief, the group argues that offering immunity to ex-presidents would contradict the Constitution and historical practice, also raising concerns about the violation of separation of powers and the principle of a peaceful transition of executive power. They stress that this immunity is not provided for in the Constitution, particularly for acts committed during a president’s tenure. Furthermore, they advocate for upholding professional obligations and the possibility of criminal prosecution for misconduct by former officeholders.

The submission of this brief comes as the latest development in a legal battle that has ensnared Trump, particularly in relation to his alleged actions regarding election interference. The amicus brief reflects a stance held by these legal experts, most of whom are recognized public figures, that implies a fundamental opposition to any potential immunity for Trump, even if such a concept did exist.

Additionally, the filing was made in the wake of a recent decision by the US Supreme Court to deny a request for an immediate ruling on Trump’s immunity argument. This was a significant moment in Jack Smith’s criminal prosecution, as it meant that the case would be going through the US Circuit Court of Appeals for DC, with oral arguments set to commence in January 2024. There remains a possibility that the Supreme Court may take up the appeal after the appellate court has made its decision, although it is not guaranteed.

In summary, the submission of this amicus brief represents a clear stance on legal immunity, with particular focus on the implications for Trump, reflecting broader divisions surrounding the former president and his actions. The involvement of notable Republican figures in this matter adds a layer of significance to the ongoing legal developments. As the appeal process unfolds, attention will remain on the potential ramifications of this legal battle for not only Trump but also for the broader principles of presidential immunity and accountability.


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