Prosecutors urge appeals court to reject Trump's immunity claims in election case

U.S. prosecutors on Saturday urged a federal appeals court to reject former President Donald Trump's claim that he cannot face criminal charges for seeking to overturn his defeat in the 2020 election.

Special Counsel Jack Smith, who is overseeing the prosecution, argued in a court filing that nothing in the U.S. Constitution or American legal tradition supports giving former presidents "absolute immunity" from criminal charges for action taken while in office.

Smith said creating such a legal shield would place presidents above the law.

He added that the separation of powers mandated by the constitution and legal precedent make clear that a former president can be charged for crimes he committed while in the White House "including, most critically here, illegal acts to remain in power despite losing an election."

Trump, the frontrunner for the Republican presidential nomination in 2024, is appealing a lower court ruling denying his bid to dismiss the election charges based on his claim of immunity. His lawyers argued in a December 23 filing that allowing Trump to be charged for conduct related to his official responsibilities would undermine the presidency.

"A President who unlawfully seeks to retain power through criminal means unchecked by potential criminal prosecution could jeopardize both the Presidency itself and the very foundations of our democratic system of government officials to use fraudulent means to thwart the transfer of power and remain in office," Smith's team wrote.

In their brief, prosecutors also said that though the presidency plays a "vital role in our constitutional system," so does the principle of accountability in the event of wrongdoing.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit is scheduled to hold arguments on the matter on January 9, 2024.

(With input from agencies)

(Cover: File photo of former U.S. President Donald Trump speaking to the press as he arrives for his civil fraud trial in New York City, U.S., October 17, 2023. /CFP)