Trump to Attend Court Hearing in January 6 Criminal Case, Cites 'Presidential Immunity'

Written by Henrik Rothen

Jan.08 - 2024 1:12 PM CET

Photo: Shutterstock.com
Photo: Shutterstock.com
Trump to Attend Court Hearing in January 6 Criminal Case.

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Former President Donald Trump has confirmed his attendance for a court hearing on Tuesday, where an appeals court will deliberate on the possibility of dismissing criminal charges against him. In the early hours of Monday, Trump stated on Truth Social that he plans to base his appeal on the argument of "presidential immunity," related to charges stemming from his efforts to overturn the 2020 election results.

Trump, facing obstruction and conspiracy charges, maintains that his actions were official acts performed as part of his presidential duties. U.S. District Judge Tanya Chutkan previously dismissed Trump's claims of immunity, asserting that his presidency does not grant him a "divine right of kings" to avoid criminal accountability.

The former president's post on Truth Social echoes his assertion of conducting official duties.

"I was looking for voter fraud, and finding it, which is my obligation to do, and otherwise running our Country," Trump wrote, emphasizing his entitlement to presidential immunity against what he terms "Fake Biden Indictments."

Photo: Truth Social

According to Forbes, The Justice Department has countered Trump's claims, stating in a court filing that absolute immunity from criminal prosecution for a former president is unfounded. They argue that a former president can be prosecuted for criminal acts committed while in office, including illegal acts to remain in power despite losing an election.

The timing of the appeals court's decision, following Tuesday's hearing, remains uncertain. Depending on the ruling, it could affect the schedule of Trump's trial, currently paused and tentatively set for March 2024. The decision of the appeals court, whether in favor of or against Trump, is expected to prompt either party to appeal to the U.S. Supreme Court.

In a related matter, Trump may also appear in court later this week for the closing arguments in a separate ongoing civil fraud trial against him and his company. He has attended and testified in this trial previously.

Trump is currently embroiled in four felony charges related to his attempts to overturn the 2020 election results. This is one of four criminal cases he faces, including another state case in Georgia related to his post-election actions. The former president has pleaded not guilty to all charges and continues to assert his claim of "presidential immunity." This stance, however, has not found favor in several courts, with judges in his civil cases rejecting the immunity argument.

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