Trump’s immunity could be overturned by the appeals court. Trump’s immunity could be overturned by the appeals court

An appeals court in the US capital Washington is considering the issue of former US President Donald Trump’s immunity. According to his own statements, the 77-year-old wants to appear in person at the hearing next Tuesday (3:30 PM CET) and will probably use the date for an election campaign appearance. It needs to be clarified whether the Republican can be prosecuted at the federal level for his efforts to overturn the results of the 2020 presidential election – or whether he is protected by immunity as an ex-president.

Trump is being charged in Washington with attempted election fraud. Trump supporters stormed the Capitol in Washington on January 6, 2021. Congress met there to formally confirm Democrat Joe Biden’s victory in the presidential election. Trump had previously incited his supporters during a speech and still does not accept his defeat. Five people were killed as a result of the riots.

The question will likely end up before the Supreme Court

Trump’s lawyers had requested that charges against their client be dropped. They believe that Trump cannot be legally prosecuted for actions they consider part of his duties as president. The judge responsible for the procedure had rejected the request.

Trump’s team appealed this decision again, so it’s now up to an appeals court. Special prosecutor Jack Smith, who is leading the investigation, had tried to bypass the appeals court. He directly turned to the country’s Supreme Court and asked it to quickly clarify the issue. However, the Supreme Court rejected this request – a success for Trump.

Therefore, the appeal must now be heard through the courts, which could take a long time. It is expected that the case will return to the Supreme Court after the court of appeal’s ruling. The previously planned start of the trial in early March is therefore unlikely, because we have to wait for the highest court’s ruling.

Trump relies on delaying tactics

It would be the first time that the US Supreme Court will consider whether former presidents enjoy immunity from federal prosecution. This is also because never before in the history of the United States has a former American president been accused of criminal offenses.

On the online platform Truth Social, which he co-founded, Trump once again made his view of matters clear the day before: of course, as president of the US and commander in chief, he was entitled to immunity. As president, he only defended his country, he wrote. According to his argument, his behavior at the time was not an election campaign.

Trump is taking a similar approach to the charges in Georgia

Charges of attempted election interference have also been filed in the state of Georgia against Trump and eighteen other defendants. On Monday, Trump’s lawyers also asked for the dismissal of the proceedings, citing the then-president’s immunity. Making statements to the public on matters of national importance, such as elections, is at the core of the president’s historic role and responsibility, the motion said. A trial will begin in August.

A co-defendant of Trump in Georgia also filed a motion Monday to remove the prosecutor responsible, Fani Willis, from the case. In the filing, the attorney for former Trump campaign aide Michael Rothman accuses the plaintiffs of having an inappropriate romantic relationship with one of the other accusers in the case. The application does not list any sources mentioned. US media quoted Willis’ office as saying they will respond by filing appropriate court documents.

It was unclear whether the motion could have a significant impact on the case as a whole. In the past, Willis has repeatedly been the victim of various verbal attacks and smears from Trump’s camp.

Trump uses procedures for election campaigns

The fact that Trump now wants to appear personally at the hearing of the appeals court in Washington probably mainly has to do with his election campaign. Because Trump, who faces a total of four criminal charges, wants to move back into the White House for the Republicans. The candidacy primaries are just around the corner. Trump leads by far in internal party polls. So far, everything points to a new edition of the election campaign between him and the incumbent Joe Biden.

Trump has already used the data in his various procedures in the past for major appearances. He repeatedly portrays himself as a victim of justice – a rhetoric that certainly resonates with Republicans. Trump also invokes tactical reasons to postpone the trials against him – possibly even until after the presidential elections in November this year. If he wins the election, he can ask his attorney general to end the federal investigation against him. (saw/sda/dpa)