Former President Donald Trump and his legal team have submitted their initial brief to a District of Columbia appeals court, following a court order to dismiss the Department of Justice’s (DOJ) case accusing him of attempting to overturn the 2020 election on grounds of presidential immunity. The U.S. District Court of Appeals for the District of Columbia Circuit had expedited the highly contentious case, setting a deadline of Dec. 23 for the appellants to file their opening arguments for the appeal.
Following the U.S. Supreme Court’s decision not to fast-track the DOJ’s case against Trump, the defense argued that fast-tracking was unnecessary. They accused the DOJ’s special counsel, Jack Smith, of trying to time President Joe Biden’s political messaging against Trump before the Super Tuesday primary elections. The defense also questioned the significance of the March 4 trial date that the prosecution had prominently requested.
The Supreme Court’s ruling allows the appeals court to proceed with Trump’s challenge, which will determine the strength of the DOJ’s case and the timing of the politically charged trial. If the trial proceeds, Trump would need to appear in a Washington district court for two to three months on a daily basis.
The defense argued that presidents have absolute immunity from civil suits, but the boundaries of immunity for criminal prosecutions have not been clearly defined. They asserted that the power to prosecute a former president for official acts does not exist and that any prosecution would require successful impeachment by Congress for the same offenses.
Contrary to the defense’s arguments, U.S. District Court Judge Tanya Chutkan ruled that a former president can indeed face criminal prosecution for official acts committed in office. The case will be heard by three judges, including President George H.W. Bush appointee Judge Karen L. Henderson and President Biden appointees Judge Florence Y. Pan and Judge J. Michelle Childs.
Judge Chutkan has stayed the case until Trump’s appeal is heard, but she has not vacated the original deadlines she set, meaning that if the case picks up again in the district court, she will try to stick to the original schedule and pursue a March 4 trial as closely as possible. Oral arguments for the appeal are scheduled for Jan. 9.
If the appeals court rules against Trump, he has the right to seek a rehearing from the entire bench within 45 days and can seek review from the Supreme Court within 90 days. In the district court, Trump had filed three other motions to dismiss the case based on constitutional and statutory grounds, as well as “vindictive and selective prosecution.”
Overall, the outcome of Trump’s appeal will have a significant impact on the prosecution’s case and the future of the trial. The legal battle surrounding Trump’s alleged attempts to overturn the 2020 election continues to draw attention and create uncertainty regarding the former president’s legal and political future. The heated nature of the case reflects the deeply polarized political environment in the United States.
