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Trump Demands Court Recognize His Right to Contest Election

Ahead of Appeals Court Arguments, Trump Reacts to Jack Smith’s Remarks, January 4, 2024, Reported by John Acord.

Former President Donald Trump’s attorneys responded to special counsel Jack Smith ahead of oral arguments, composing that a “234-year unbroken tradition” supports Trump’s claim to governmental immunity from prosecution.

Pricing quote thoroughly from early Americans like Alexander Hamilton, James Madison, Chief Justice John Marshall, and Justice Joseph Story, his lawyers argue in a 41-page brief that impeachment is the correct examine “official acts” taken by presidents, not criminal prosecution. The D.C. Circuit Court of Appeals is arranged to hear oral arguments on Trump’s bid to dismiss his election disturbance case based upon presidential immunity on Jan. 9.

” [P] unishment of a President constantly involves political factors to consider exceeding regret or innocence,” Trump’s attorneys composed. “The Framers acknowledged that, and they handed over to Congress the power to weigh those political factors to consider in the very first circumstances.”

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They further added that enabling prosecution following an acquittal breaks the intended purpose and weakens the system put in place by the Founding Fathers to control excessive political emotions: impeachment in the House and trial in the Senate.

In the early months of 2021, the Senate pondered on the 2nd impeachment trial of Trump, particularly focusing on the accusation that he had motivated a violent uprising. Eventually, they chose to acquit him of the charge.

According to the attorneys, the government is using proof “beyond what is mentioned in the charges” to suggest that Trump is responsible for the occasions of January 6th, while deliberately overlooking important details, such as Trump’s motivation for a serene expression of views and support for the senators and congresspersons.

They assert that Trump was “performing his duties as the highest-ranking authorities to take a look at the various claims of extensive electoral misbehavior.”

The D.C. Circuit ordered celebrations Tuesday to be gotten ready for concerns about problems raised in friend-of-the-court briefs, that include possible constitutional issues with Smith’s appointment and difficulties to the timing of Trump’s appeal.

On December 1, Judge Tanya Chutkan of the District Court turned down Trump’s effort to have his case dismissed by declaring governmental immunity. On December 22, the Supreme Court decreased Smith’s plea to resolve the issue before the D.C. Circuit might analyze it.

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