Donald Trump's legal team presented the argument that the former U.S. President, while in office, was legitimately engaging in his presidential responsibilities when he asserted claims regarding "alleged fraud and irregularity" in the 2020 election. In their filing, submitted late on Saturday, his attorneys emphasized the profound historical impact of the four-count indictment, which accuses Trump of plotting to overturn the election that he lost to Joe Biden.
Highlighting the unprecedented nature of Trump facing indictment four times, both at the state and federal levels, as he seeks to return to the White House, his lawyers underscored the potential consequences of the indictment. They expressed concern that the legal proceedings against Trump could trigger prolonged cycles of retribution and politically motivated prosecutions, posing a lasting threat to the foundational principles of the Republic, particularly eroding the public's confidence in an impartial judicial system.
The crux of the matter before the court, scheduled for arguments on Jan. 9, revolves around the question of whether Trump is shielded from prosecution for actions that his defense contends were official acts falling within the broader scope of a president's duties and responsibilities.
U.S. District Judge Tanya Chutkan had rejected this immunity argument earlier in the month, asserting that the presidency does not grant a lifelong "get-out-of-jail-free" privilege. With the Supreme Court declining to expedite a decision on the immunity question, the appeals court now takes a central role in the dispute.
In their recent filing, Trump's legal team argued that all the acts attributed to him in the indictment, such as urging the Justice Department to investigate claims of voter fraud and informing state election officials of alleged irregularities, were quintessential presidential acts. They asserted that these actions were squarely in line with Trump's role as Chief Executive of the United States, advocating for and defending the integrity of the federal election.
Furthermore, they contended that, under the Constitution, Trump cannot face criminal prosecution for conduct for which he was previously impeached and subsequently acquitted by Congress. In contrast, federal prosecutors claim that Trump violated the law by scheming to disrupt the counting of electoral votes on Jan. 6, 2021, including pressing then-Vice President Mike Pence to withhold certification and participating in a plot to organize fake electors in battleground states won by Biden.
While Trump's lawyers suggested a good faith basis for his concerns about election fraud, courts nationwide and Trump's attorney general, along with other government officials, found no evidence to support these claims.
