Trump's lawyers ask appeals court to rule on immunity in late-night filing

In a late-night filing, former President Donald Trump’s legal team has appealed to a federal appeals court, seeking immunity in the criminal case alleging his violation of multiple statutes in attempts to overturn the 2020 election results.

Trump’s attorneys argue for “presidential immunity” in a 71-page document, contending that the alleged actions were within his official duties. They insist on dismissal, citing concerns of breaking a historical tradition and potential political prosecutions.

The filing also requests a stay on any court order opposing Trump’s claims, allowing him to present the case to the Supreme Court if necessary. Trump’s team asserts that the Senate’s failure to convict him in the 2021 impeachment trial protects him from double jeopardy. The Supreme Court recently declined to expedite a decision on Trump’s absolute immunity, leaving the appeals court to assess the prosecution for his alleged election interference.

Despite the setback, the Supreme Court is expected to revisit the matter, impacting the case led by special counsel Jack Smith. Trump, who filed for dismissal based on “presidential immunity” in October, maintains his not guilty plea to felony charges related to overturning the 2020 election. The trial is scheduled to commence on March 4.