Jack Smith Says Trump Immunity Claims ‘Threaten To Undermine Democracy’

LOADING ERROR LOADING Special counsel Jack Smith’s office said democracy is threatened by former President Donald Trump ’s claims that presidential immunity shields him from criminal prosecution after leaving the White House. In a Saturday court filing, Smith’s office carefully dissected Trump’s plea to the U.S.

District Court of Appeals for the District of Columbia, asking for the federal election interference case against him to be dismissed. Advertisement Trump has made two main arguments: He is immune from crimes committed while he was serving as president, and also that Smith’s case against him constitutes unconstitutional double jeopardy given that he was impeached for the same conduct in the House and let off by the Senate.

“Those arguments lack support in the separation of powers, constitutional text, history, or precedent. Both arguments also threaten to undermine democracy,” read the 82 page document . The new filing noted that Trump’s claims “draw no support from our constitutional heritage and, if accepted, would damage bedrock principles of equality before the law.” Smith charged Trump in August with scheming to undo Joe Biden ’s victory in the 2020 presidential election, allegedly going so far as to craft panels of fraudulent electors in certain swing states to overturn the will of voters.

Advertisement Trump has denied any wrongdoing in the case, one of several brought against him for conduct during his single term in office that he is being forced to confront as he campaigns for a second term. “The Presidency plays a vital role in our constitutional system,” the filing stated, “but so does the principle of accountability for criminal acts — particularly those that strike at the heart of the democratic process.” U.S.

District Court Judge Tanya Chutkan ruled against Trump earlier this month when he argued the case should be tossed out. Trump appealed, but Smith then took the unusual step of asking the U.S. Supreme Court to step in and settle the issue quickly. The Supreme Court declined to intervene before the appellate court could weigh in, so the case is now effectively paused until the courts are given time to fully consider Trump’s various claims.

The appeals court is currently set to hear the case on Jan. 9. Support HuffPost The Stakes Have Never Been Higher At HuffPost, we believe that everyone needs high quality journalism, but we understand that not everyone can afford to pay for expensive news subscriptions. That is why we are committed to providing deeply reported, carefully fact checked news that is freely accessible to everyone.

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