(NEW YORK) — Former President Donald Trump says he’ll be in court Tuesday when the Washington, D.C., Court of Appeals hears arguments over his efforts to dismiss his federal election interference case based on his claim of presidential immunity.
It could mark the first of two court appearances Trump makes this week, as he’s also expected to attend closing arguments in his civil fraud trial in New York on Thursday.
Trump is seeking the dismissal of the federal election interference case on the grounds that he has “absolute immunity” from prosecution for actions taken while serving in the nation’s highest office.
The former president confirmed his plans to attend Tuesday’s hearing in a social media post early Monday morning.
“I will be attending the the Federal Appeals Court Arguments on Presidential Immunity in Washington, D.C., on Tuesday,” he wrote. “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.”
Last month, special counsel Jack Smith asked the Supreme Court to step in and quickly rule on the issue, but the court declined to grant a writ of certiorari before judgment — meaning it would allow a federal appeals court to hear the matter first, which is what Trump’s legal team had urged the court to do.
“This case involves — for the first time in our Nation’s history — criminal charges against a former President based on his actions while in office,” Smith’s team said in their petition to the Supreme Court to expediate the appeals process. “And not just any actions: alleged acts to perpetuate himself in power by frustrating the constitutionally prescribed process for certifying the lawful winner of an election.”
“The Nation has a compelling interest in a decision on respondent’s claim of immunity from these charges — and if they are to be tried, a resolution by conviction or acquittal, without undue delay,” Smith’s filing said.
Trump in August pleaded not guilty to charges of undertaking a “criminal scheme” to overturn the results of the 2020 election by enlisting a slate of so-called “fake electors,” using the Justice Department to conduct “sham election crime investigations,” trying to enlist the vice president to “alter the election results,” and promoting false claims of a stolen election as the Jan. 6 riot raged — all in an effort to subvert democracy and remain in power.
The former president has denied all wrongdoing and denounced the charges as “a persecution of a political opponent.”
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