Special Counsel Jack Smith is scheduled to respond by Dec. 30, after which a three-judge panel will hear oral arguments on Trump's 'immunity' appeal of his D.C. indictment on Jan. 9.

Special Counsel Jack Smith is scheduled to respond by Dec. 30, after which a three-judge panel will hear oral arguments on Trump’s ‘immunity’ appeal of his D.C. indictment on Jan. 9

A federal appeals court should dismiss Donald Trump’s federal felony indictment on election-subversion charges on the grounds that he has “immunity” from prosecution for acts committed while president, attorneys for Trump argued in a court filing Saturday night.

The 71-page opening brief from Trump’s legal team took direct aim at Special Counsel Jack Smith’s criminal charges, calling them “unlawful and unconstitutional” because under the U.S. government system the judicial branch “cannot sit in judgment over a President’s official acts.”

Trump’s lawyers argue that the only way a current or former president can be charged for official acts is if he’s both impeached by the House and convicted by the Senate. They also lean hard into an untested legal argument that Trump can’t be prosecuted for acts where he did get impeached but the Senate acquitted him.

  • Copernican@lemmy.world
    4·
    6 months ago

    Yep. He committed the leak while on bail from other cyber crime. indicated he would continue engaging in criminal behavior. Was violent towards others while incarcerated. Deemed not mentally fit. And is indefinitely held in a psychiatric facility until a point in time he seems mentally fit to be released and not continue criminal activity.