Trump insists on immunity for presidents even if they ‘cross the line’

(CNN) — Donald Trump said Thursday that US presidents should have immunity that protects them from legal action, even if they “crossed the line” while in office. He takes his stance on the issue as he awaits a ruling by a federal appeals court in Washington on his efforts to overturn the 2020 election.

“Incidents that ‘cross the line’ should also be covered by absolute immunity,” Trump argued in a capitalized post on Truth Social.

“The President of the United States must have full immunity, without which it is impossible for him to perform adequately,” Trump said.

The former president has tried to use his status as a defendant in several court cases to inspire his supporters in Republican primaries. The publication also reiterates its belief that the absolute power of presidential power can protect it, even if it is no longer in office. A statement that certainly, instills fear in his detractors and critics ahead of the 2024 presidential election.

Last week, a federal appeals panel expressed deep skepticism about an immunity argument presented by Trump’s lawyers, questioning whether the argument would allow presidents to sell pardons or even kill political opponents.

Trump wants the US Circuit Court of Appeals in Washington to dismiss the criminal election subversion case against him overseen by special prosecutor Jack Smith. Smith accused Trump of four charges related to his efforts to stay in office after he lost the 2020 presidential election, and Trump has pleaded not guilty to all charges.

The special counsel’s team noted at a hearing last week that the president is not above the law and that it would be “terrifyingly awful” if there was no criminal mechanism to prevent future leaders from intentionally breaking the law, such as taking illegal steps to stay within the law. Power

An appeals court is currently weighing this question of presidential immunity, and the US Supreme Court may eventually be asked to intervene.

Trump asserted “absolute immunity” this Thursday, but his lawyers in the case have defended the immunity with some qualifications. They have argued before the court that immunity from criminal prosecution related to the presidency should include actions that may be official duties of the office. Trump previously echoed that legal argument on Truth Social, noting that his public effort to challenge the outcome of the 2020 election was part of his job while he governed the country.

One of Trump’s lawyers also told a federal appeals court in Washington last week that the former president could only be charged with a crime if convicted by the Senate after a House impeachment trial. At least one judge on the three-member panel, which can rule on the immunity question at any time, sharply questioned that answer, and another judge expressed skepticism that constitutional protections extended so broadly to almost everything a person did. can happen President.

On January 6, 2021, the House of Representatives impeached Trump following the Capitol riots, but the Senate ultimately acquitted him. At the time, several senators, including then-Majority Leader Mitch McConnell, said the courts and justice system could still hold Trump accountable.

The immunity case is one of the only chances Trump has to derail his trial, which is scheduled for early March. It raises an important question about the constitutional separation of powers and is likely to shape the understanding of the presidency.