Federal prosecutors shot back at Donald Trump’s bid to have his criminal charges thrown out.
Donald Trump’s lawyers contended earlier this month that he can’t be prosecuted for efforts to overturn that election because they related to his official responsibility as president. | Michael M. Santiago/Getty ImagesDonald Trump’s argument that as a former president he enjoys “absolute immunity” from criminal prosecution is sharply refuted by nearly all of American history, special counsel Jack Smith argued Thursday.
The dispute is the first substantive showdown over the legal framework that will define the prosecution of Trump for conspiracies he allegedly led while attempting to subvert the 2020 election.that he simply can’t be prosecuted for efforts to overturn that election because they related to his official responsibility as president to safeguard federal elections.
Well into their brief, Smith’s prosecutors cited one authority the judge overseeing the case, Tanya Chutkan, is undoubtedly familiar with:While that was a civil dispute, prosecutors contend the rationale she cited two years ago applies even more strongly to criminal prosecutions. Smith’s team also cited the statements of more than 30 Republican senators — including GOP leader Mitch McConnell — who agreed with Trump at the time, rejecting the Senate trial because they viewed the criminal justice system as the proper forum for accountability.
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