At a hearing in Washington yesterday, Donald Trump appeared in front of an appeals court panel to argue that he is immune from prosecution on charges of plotting to overturn the 2020 election.
Trump argued that his immunity was because they were actions he took as president.
The three judges on the panel seemed unconvinced, suggesting that they are unlikely to rule in the former president’s favor.
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“I think it’s paradoxical to say that his constitutional duty to take care that the laws be faithfully executed allows him to violate the criminal law,” said Judge Karen Henderson, the sole Republican appointee.
The panel appeared particularly wary when Trump’s lawyer said during the hearing that a president could assassinate a political rival and still be shielded from prosecution unless the Senate first convicted him at an impeachment proceeding.
However, the judges looked torn at times about how broadly they might rule; one suggested that a decision to deny immunity could result in a flood of partisan prosecutions of former presidents.
The appeals court is expected to make its ruling fairly quickly. Regardless of the decision, the issue of immunity is likely to reach the Supreme Court, where the justices will determine not only whether the case goes to trial, but when.
Trump has been trying to push the trial back until after the 2024 election, when a victory could lead to charges being dropped.
