Former US President Donald Trump appealed to the appeals court washington Dismissal of federal complaint against him for attack on the Capitol, claiming presidential immunity.
In a letter sent to the court on Saturday night Federal Circuit of ColumbiaTrump is demanding that a lower court judge reverse a decision that rejected immunity requests made by his legal team at the time.
The request came two days after the United States Supreme Court declined to immediately consider whether the former president (2017-2021) He has immunity in this federal case, as requested by the special prosecutor. Jack Smith.
In a brief submitted to the appeals court, Trump’s legal team said the accusation unconstitutional Because presidents cannot be criminally prosecuted unless first convicted by the Senate.
“Under our system of separation of powers, the judiciary cannot judge a president’s official actions.” He points to Trump’s lawyers who claimed that the former president was performing his “official duties” and monitoring the integrity of the 2020 election on the day of the events.
The presidential immunity argument has become a regular weapon for Trump’s lawyers. prolong the process and to delay the start date of this federal case as long as possible.
Smith’s strategy was dealt a serious blow when it was rejected by the Supreme Court on Friday; Smith twice asked the Supreme Court to rule immediately on former presidents’ immunity from federal charges, so it was bypassed. lower courts.
Trump is accused of inciting the violent attack on the Capitol January 6, 2021 and faces prosecution for a variety of offences, the most serious of which is conspiracy to obstruct an official procedure, which could carry a maximum prison sentence of 55 years.
The trial is scheduled to be held on March 4, 2024 in the federal capital.super tuesday‘, the big day of the primaries, but it may now be postponed because the appeals court will have to review the immunity issue.
Trump was hit last Wednesday Colorado Supreme Court, That expelled the former president from the Republican primaries in that state for his role in the attack on the Capitol.