Trump to face DC judges in the courtroom to argue for immunity

This artist sketch depicts former President Donald Trump, seated right, listening to his attorney D. John Sauer.
This artist sketch depicts former President Donald Trump, seated right, listening to his attorney D. John Sauer.

Once again former President Donald Trump is skipping the campaign trail for the courtroom.

Trump, who faces four federal charges for his alleged role in the Jan. 6 insurrection, says he should never have been charged.

Trump's attorneys believe he's entitled to presidential immunity because he was performing his official duties on Jan. 6. The former president's legal team also argues that because he was impeached but acquitted in the U.S. Senate, charging him amounts to double jeopardy.

Trump bolstered his claims of presidential immunity on social media by writing: "Of course I was entitled, as President of the United States and Commander in Chief, to Immunity. I wasn't campaigning, the Election was long over. I was looking for voter fraud, and finding it, which is my obligation to do, and otherwise running our Country."

Numerous investigations have proven there was no widespread election fraud.

The U.S. Supreme Court rejected Special Counsel Jack Smith's request to weigh in on the question of presidential immunity and tossed the case back to the appeals court.

The special counsel says the former president is not immune from criminal prosecution if he broke the law.

Michele Goodwin, professor of constitutional law and global health policy at Georgetown University, points out that a lower court judge has already ruled Trump does not have absolute immunity.

"It's a question that we've never had before but one thing that we do know that's well understood within the philosophy of law, is that no office holder is above law, there isn't a special immunity to commit crimes while one is serving an office," says Professor Goodwin.

A three-judge panel will hear the case. The proceedings were scheduled for about an hour, but the judges could take weeks to announce a decision.

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