Donald Trump's Legal Team Claims He Has 'Absolute Immunity' in D.C. Court of Appeals Filing
Dec. 24 2023, Published 4:00 p.m. ET
Former President Donald Trump's legal team has filed a brief to the D.C. Court of Appeals arguing for his immunity from criminal prosecution, RadarOnline.com has learned.
The 71-page brief, filed in the early hours of Saturday 23, lays out the team's case. It claims that a president cannot be criminally prosecuted for an act conducted in office unless they have been impeached and convicted by Congress.
Donald Trump is currently facing with 91 criminal charges.
The brief states, "President Trump's acquittal by the Senate bars prosecution for the conduct alleged in the indictment."
According to Mediaite, it goes on to argue that the acquittal reinforces Trump's argument, claiming that he has 'absolute immunity,' as Congress must have approved of the president's conduct by impeaching and convicting them before any prosecutor can bring them to court. However, this argument is contradicted by the 1974 pardon of former president Richard Nixon by then-President Gerald Ford.
According to the Trump team's interpretation of the law, the pardon should not have been necessary if absolute immunity for former presidents is already in place.
Trump's lawyers attempted to spin Ford's pardon as support for their claim, stating that it "reinforces the political and constitutional tradition against prosecuting Presidents."
Trump has called the casees against him 'political witch hunts.'
During the 2021 impeachment proceedings against Trump, Senate Minority Leader Mitch McConnell made a notable argument against the idea of "absolute immunity."
McConnell emphasized that former presidents are not immune from being held accountable by either the criminal justice system or civil litigation.
Trump's legal team filed the brief in the dead of night, just under an hour before the deadline. Many online political commentators have criticized the timing as an attempt to gain an advantage by rushing the filing.
Donald trump has denied all political wrongdoing.
CNN legal analyst Norm Eisen pointed out that there is "no hint of absolute immunity anywhere in our constitution." He claimed that Trump's legal team's actions are "all about running out the clock."
President Joe Biden also chimed in, claiming he "can't think of one reason" a president should receive absolute immunity.
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As RadarOnline.com previously reported, Trump currently faces 91 criminal charges across four separate indictments in D.C., New York, Georgia and Florida.
The charges include solicitation, racketeering, forgery, false statements, obstruction, conspiracy against civil rights and the willful retention of national defense information.
If convicted of every charge, he could face up to 300 years behind bars.
Trump has denied all wrongdoing, and while some believe these investigations are necessary for accountability, others see them as politically motivated "witch hunt."
