Donald Trump Immunity Hearing: Appeals Court Judges Skeptical of Ex-POTUS's Immunity Arguments
Donald Trump's claims of immunity for his efforts to subvert the 2020 election results leading up to the January 6 Capitol insurrection may have run into a wall as his immunity hearing may not have gone in his favor.
The three judges on the US Court of Appeals for the DC Circuit grilled the former president's attorneys with probing questions, with some expressing their skepticism of Trump's claims that he has absolute immunity from prosecution as he was acting in his duties as president.
While Trump's attorneys argued that the office of the president grants absolute immunity, the Department of Justice argued that nobody is above the law, not even the president. As the three US Court of Appeals for the DC Circuit, Karen Henderson, J Michelle Childs, and Florence Pan, grilled the Trump attorneys, they questioned them about possible crimes that presidents might do.
As the BBC noted, DC Circuit Judge Florence Pan was particularly skeptical, asking Trump's attorney, Dean John Sauer, if their immunity claim could mean that a president who sold presidential pardons and state secrets or a president who would order the Navy SEALs to assassinate a political rival, would not be prosecuted because of their absolute immunity argument.
The Trump lawyer's argument was that a president who is not convicted for impeachment by Congress cannot be subject to criminal proceedings, with Trump arguing that while he was impeached, he was never convicted by the US Senate.
However, one of the government's lawyers, James Pearce, argued that this argument could set a precedent that could undermine Congress and any potential criminal proceedings.
"What kind of world are we living in if... a president orders his SEAL team to assassinate a political rival and resigns, for example, before an impeachment - not a criminal act," the government lawyer argued. "A president sells a pardon, resigns, or is not impeached? Not a crime. "I think that is an extraordinarily frightening future."
READ MORE: Donald Trump Tried To Spread Fake News About New York Judge Overseeing Fraud Trial But Gets Exposed
Donald Trump Immunity Hearings Could Lead to Ramifications Against Ex-POTUS
Even the Republican-appointed judge in the panel, Judge Karen LeCraft Henderson, an appointee of former President George H.W. Bush, was skeptical of Trump's arguments, saying, "I think it's paradoxical to say that his constitutional duty to take care that the laws be faithfully executed allows him to violate criminal law."
The ramifications for Trump in this hearing could be massive as it could affect not just his criminal proceedings regarding the January 6 case but also his Georgia case, his New York hush-money case, and his Mar-a-Lago documents case in Florida.
As the Associated Press noted, these hearings are legally untested and raise the question of whether an ex-president can be prosecuted for actions taken in the White House and could likely set the stage for an appeal before the US Supreme Court.
Donald Trump Planning To Deliver Closing Arguments for His New York Civil Fraud Trial
As the DC Circuit weighs in on Trump's immunity question, he is also facing a civil lawsuit in New York where he may lose his business empire and the right to do business in the Empire State.
Two people with knowledge of Donald Trump's plans for his New York civil case have told the Associated Press that he plans to deliver his own closing argument in New York on Thursday. This comes after a Trump lawyer informed New York Supreme Court Justice Arthur Engoron that the former president wished to speak during the closing arguments, with the judge approving the request.
READ MORE: Donald Trump Received Millions of Dollars From China, Other Countries While US President
This article is owned by Latin Post.
Written by: Rick Martin
WATCH: Judge asks if a president can order SEAL Team 6 to assassinate a rival. Hear Trump's lawyer respond - CNN
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