US: Trump attends court in immunity appeal, threatens Biden

Former US President Donald Trump appeared in a federal appeals court in Washington, D.C., on Tuesday as his lawyers sought to have a pending case against him for plotting to overturn the results of the 2020 presidential election — which he lost to Joe Biden — dismissed.

Arguing that their client enjoyed blanket immunity, Trump's lawyers threatened that should the court not rule in his favor, other presidents could, "launch cycles of recrimination and politically motivated prosecution."

Though not obliged to appear, Trump, who may not testify in the case, used the date to pronounce that he was the victim of just such attacks.

He is accused of engaging in a multi-pronged conspiracy to overturn the 2020 election by pressuring state officials to fabricate votes; overturn state election results; of scheming to appoint fake electors; and disrupting the counting of official election results — both in conspiracy with sitting US representatives and senators, as well as by instrumentalizing supporters who attacked the US Capitol on January 6, 2021.

The appeal in the current case comes after US District Judge Tanya Chutkin rejected Trump's immunity claim, saying the presidency is not, "a get out of jail free pass" conferred for life.

What are the arguments for and against immunity?

Trump and his team have argued that he was acting in an official capacity as he sought to overturn the results of the election, which he lost by more than 7 million votes.

"Of course I was entitled, as president of the United States and commander-in-chief, to immunity. I was looking for voter fraud, and finding it, which is my obligation to do, and otherwise running our country," Trump wrote in a social media post.

In more than 60 cases brought by Trump and his lawyers in the aftermath of the 2020 election, not one found evidence of fraud that would have influenced the outcome of the vote.

The US Department of Justice (DOJ) and Special Counsel Jack Smith, who is bringing the case against Trump, argue that he was acting as a candidate and that granting immunity would allow future presidents to engage in criminal activity without fear of prosecution. 

"Immunity from criminal prosecution would be particularly dangerous where, as here, the former president is alleged to have engaged in criminal conduct aimed at overturning the results of a presidential election to remain in office beyond the allotted term," said the DOJ.

"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 governance," continued a brief submitted to the court.

The DOJ has long shied away from prosecuting sitting presidents, Trump argues the same should go for former presidents.

How did Trump threaten Biden?

Trump is currently the odds-on favorite to become the Republican nominee for the presidency. He threatened to go after his political opponent President Joe Biden, a Democrat, if he were to return to the White House.

"If I don't get immunity, then crooked Joe Biden doesn't get immunity," he announced in a social media video before the appeal began, adding, "Joe would be ripe for indictment."

Trump's lawyers told the three-judge panel of the US Court of Appeals for the District of Columbia, that "to authorize the prosecution of a president for official acts would open a Pandora's box from which this nation may never recover."

Government lawyer James Pearce said immunity for presidents would make for an "extraordinarily frightening future."

"What kind of world are we living in if... a president orders his SEAL team to assassinate a political rival and resigns, for example, before an impeachment: Not a criminal act," he said.

What are the chances of a verdict before the election? 

Trump, who faces trial in four separate state and federal criminal cases, has sought to delay judicial proceedings in each, in hopes of winning reelection before he could be convicted. This would allow him to dismiss cases against him, or potentially even pardon himself in the event of a guilty verdict.

The DC case is the first of the four scheduled court proceedings. Trump's team has filed a similar appeal in the state of Georgia, where he is accused of seeking to pressure officials there to change the results of the election in his favor.

Beyond its ultimate ruling, the pace at which the Appeals Court proceeds could be key to determining whether Trump faces trial before the upcoming US presidential election on November 5, 2024.

Ultimately, it is likely that the case will make its way to the US Supreme Court, which both Trump and Special Counsel Smith have asked to weigh in. So far, justices there have declined to get involved.

Smith and his team have argued that it is imperative that the Supreme Court answer once and for all whether Trump is liable for his actions, claiming voters must know before this fall's election and that US democracy hangs in the balance.

The DC trial, which has been paused until Trump's appeal can be heard, is set to begin on March 4, 2024.

js/rt (AP, Reuters)