(LibertySons.org) – Former President Donald Trump is facing multiple felonies for allegedly interfering in the 2020 election by trying to stay in power after he lost. His defense team is asking the Supreme Court to rule that he had absolute immunity for any actions he took while in office. Special Counsel Jack Smith recently filed a brief with the high court and asked the justices to reject the FPOTUS’ request.
In the April 9 filing, Smith argued that presidents swear an oath to faithfully execute the laws of the US, but that doesn’t include “a general right to violate them.” The special counsel also addressed Trump’s argument that the lack of criminal prosecutions against previous presidents demonstrates an understanding that they enjoy absolute immunity. Instead, Smith wrote, it “underscores the unprecedented nature” of Trump’s alleged behavior.
The former president’s legal team has previously stated he can’t be prosecuted for the election interference allegations because they were part of his official duty to ensure elections are fair. They have also said that he can only be prosecuted for a crime if he’d been impeached and convicted.
The Constitution doesn’t explicitly give the president immunity from prosecution. However, in Mississippi v. Johnson (1867), the Supreme Court held a president was immune from prosecution related to his official duties. In the Trump case, the government argues the former president wasn’t carrying out his official duties, but was instead, trying to stay in power to serve his interests.
Smith urged the justices to remember that nobody is above the law in the US, not even the president. Further, the Constitution doesn’t allow a president to “conspire to defraud” America, deprive citizens of their votes, or obstruct official proceedings.
The Supreme Court will hear oral arguments in the case on April 25 but hasn’t indicated when it will issue a decision. Prosecutors originally set the trial date in his election interference case for March 4, but it’s unclear when it will begin at this point.
~Here’s to Our Liberty!
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