Special counsel Jack Smith rejected Donald Trump’s contention that the criminal indictment of him is constitutionally invalid.

Donald Trump’s bold claims that he’s immune from criminal prosecution over his efforts to overturn the 2020 presidential election “threaten to undermine democracy,” special counsel Jack Smith warned a federal appeals court Saturday.

In a brief filed with the D.C. Circuit Court of Appeals, Smith rejected Trump’s contention that the criminal indictment of him for trying to reverse his loss at the polls three years ago is constitutionally invalid because he was serving as president at the time and also because he was acquitted by the Senate after he was impeached for those actions.

“Rather than vindicating our constitutional framework, the defendant’s sweeping immunity claim threatens to license Presidents to commit crimes to remain in office,” Smith and his team wrote in an 82-page filing. “The Founders did not intend and would never have countenanced such a result.”

  • Flaimbot@lemmy.ml
    link
    fedilink
    arrow-up
    32
    ·
    edit-2
    11 months ago

    Donald Trump’s bold claims that he’s immune from criminal prosecution over his efforts to overturn the 2020 presidential election

    wait. so is he now admitting to consciously trying to overturn it by force, or is it just coming from the context of the lawsuit?

    • tabarnaski@sh.itjust.works
      link
      fedilink
      arrow-up
      17
      ·
      11 months ago

      In any case, claiming immunity implies you admit doing what you’re accused of doing but you just don’t want consequences to apply to you.

      • lolcatnip@reddthat.com
        link
        fedilink
        English
        arrow-up
        2
        arrow-down
        1
        ·
        edit-2
        11 months ago

        Source on that? I’ve seen it said a lot about accepting a pardon, but not claiming immunity.

        IANAL, but from what I understand you always try every option to get a case thrown out on procedural grounds before arguing about guilt or innocence.

    • APassenger@lemmy.world
      link
      fedilink
      arrow-up
      10
      arrow-down
      1
      ·
      11 months ago

      He’s trying to say that whether he did it or not, it’s moot. Avoids all the fuss of a trial.

      He’s wrong. But that’s his argument.

      It’s like getting a ticket for chewing gum. The first thing you’d do is point out it’s not illegal. Then you’d move to, “I was eating.”

      Both work, but one puts the ticket on trial, not you.

  • stoy@lemmy.zip
    link
    fedilink
    arrow-up
    20
    ·
    11 months ago

    I think we can shorten the title without changing the message much:

    “Trump threatens democracy”

    • lolcatnip@reddthat.com
      link
      fedilink
      English
      arrow-up
      4
      ·
      11 months ago

      It’s a lot more interesting for Jack Smith to be saying it than for sure random headline writer to say it.

  • kool_newt@lemm.ee
    link
    fedilink
    English
    arrow-up
    2
    ·
    11 months ago

    I think Biden should put forth “plans” for staying in office forever if presidents become immune.