DOJ’s Jack Smith Urges Court To Dismiss Trump’s Immunity Claims In Jan. 6 Case: ‘He Is Wrong’

Topline Justice Department Special Counsel Jack Smith said no one, not even presidents, are above the law in a new court filing Saturday—the latest back and forth between federal prosecutors and former President Donald Trump’s legal team over Trump’s claims that his time in the White House grants him “absolute immunity” from criminal prosecution.

Justice Department Special Counsel Jack Smith in Washington, DC, on August 1, 2023 and former US ... [+] President Donald Trump in Palm Beach, Florida, on November 8, 2022. (Photo by SAUL LOEB,EVA MARIE UZCATEGUI/AFP via Getty Images) Key Facts “He is wrong,” Smith’s office wrote Saturday to the D.C.

appeals court reviewing Trump’s argument. Prosecutors cited “principles, constitutional text, history, and precedent” in contesting Trump’s claims that his acquittal in the Senate’s 2021 impeachment trial surrounding his actions related to Jan. 6 prevent him from being prosecuted for his conduct.

Federal prosecutors noted the indictment “charges different offenses than were at issue in his impeachment,” when he was charged with inciting an insurrection. Smith’s office instead suggested that because Trump was president, he should be held to an even higher standard to protect the sanctity of the electoral process, reiterating allegations that Trump engaged in “illegal acts to remain in power despite losing an election." Smith’s office also reference former President Gerald Ford’s pardon of former President Richard Nixon following his resignation in 1974, writing that the fact he was pardoned signaled he could be prosecuted.

Crucial Quote “Rather than vindicating our constitutional framework, the defendant’s sweeping immunity claim threatens to license Presidents to commit crimes to remain in office,” prosecutors wrote in the 82 page filing . Key Background Smith’s office charged Trump in August with four felonies related to his alleged illegal efforts to overturn the results of the 2020 presidential election and stay in power.

Trump’s legal team asked the appeals court to dismiss the case after District Court Judge Tanya Chutkan rejected Trump’s “immunity” argument earlier this month. The Justice Department has a longstanding policy that presidents cannot be criminally charged while in office, because it could undermine their capacity to carry out the duties of the executive branch, but the Supreme Court has never issued a ruling on whether former presidents are entitled to blanket immunity from criminal prosecution.

What To Watch For The appeals court is set to hear oral arguments surrounding the “immunity” claim on Jan. 9, and the timing of its decision could impact whether the case will go to trial on March 4 as planned or be pushed until after the 2024 presidential election. The Supreme Court previously rejected Smith’s bid to circumvent the appeals court and make a definitive ruling on the legal question in order to expedite the process.

Tangent The D.C. appeals court on Friday rejected Trump’s “immunity” argument made in a separate civil case filed by Capitol police officers against Trump and some of his allies that seeks to hold them accountable for injuries they sustained on Jan. 6. The court is the latest to dismiss Trump’s attempt to use the presidency to shield him from both civil and criminal legal actions, including other Jan.

6 related civil cases and writer E. Jean Carroll’s defamation lawsuit against him. The D.C. appeals court dismissed Trump’s previous “immunity” arguments on the grounds that Trump’s Jan. 6 activities fell within the scope of his campaign, and did not constitute official executive branch duties..