Washington Federal Appeals Court Hears Donald Trump’s Claim of Presidential Immunity

Source: NBC News

Last Tuesday, The Washington federal appeals court heard former president Donald Trump’s landmark case over his claim of presidential immunity from criminal charges brought against him. Trump’s lawyer Dr. John Sauer argued complete immunity on official acts, which they assert includes Trump’s efforts to overturn the 2020 election. The panel of three judges showed skepticism and a strong inclination to uphold the previous ruling by lower courts against the claim of presidential immunity. 

In a long, circular exchange that proved damaging for Trump, Judge Pan challenged Dr. Sauer to answer a series of hypothetical questions that tested the limits of extremity of the former president’s defense, including whether a president would be granted immunity for deploying SEAL Team 6 to assassinate a political rival. Sauer answered a “qualified yes” with the distinction that the president should then be impeached and convicted. However, the basis of the claim began to unravel when Pan opposed the principle that only an impeached and convicted president can be criminally prosecuted, explicitly saying that this overly minor nuance made the rest of Sauer’s argument “fall away.” 

The special counsel, represented by James I. Pearce, stressed the unprecedented nature of the case in opposition to Sauer’s claim that the prosecution would “open a Pandora’s box from which this nation will never recover.” Pearce also argued that excusing presidential acts that “sought to fundamentally subvert the democratic republic and the electoral system” established a dangerous precedent. 

After the hearing, Trump, who attended the hearing voluntarily, delivered a speech at the Waldorf Astoria Hotel, formerly a Trump property, reiterating his unfounded claims of election fraud.

The judges have given no indication on when the court will release its decision. If either Trump or the prosecutors appeal the decision, the results of this trial (and subsequently, Trump’s criminal trial as well) could stretch past the November election, possibly resulting in a self pardon if Trump is elected.