{"id":13826,"date":"2024-01-10T01:49:51","date_gmt":"2024-01-10T01:49:51","guid":{"rendered":"https:\/\/shareperformanceinsight.com\/index.php\/2024\/01\/10\/trump-attorney-argues-biden-is-prosecuting-his-number-one-political-opponent-at-immunity-hearing\/"},"modified":"2024-01-10T01:49:51","modified_gmt":"2024-01-10T01:49:51","slug":"trump-attorney-argues-biden-is-prosecuting-his-number-one-political-opponent-at-immunity-hearing","status":"publish","type":"post","link":"https:\/\/shareperformanceinsight.com\/index.php\/2024\/01\/10\/trump-attorney-argues-biden-is-prosecuting-his-number-one-political-opponent-at-immunity-hearing\/","title":{"rendered":"Trump attorney argues Biden is \u2018prosecuting his number one political opponent\u2019 at immunity hearing"},"content":{"rendered":"
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Former President Trump\u2019s attorney argued before a federal appeals court Tuesday that the former commander-in-chief and 2024 frontrunner has presidential immunity from charges stemming from Special Counsel Jack Smith\u2019s investigation, while warning that President Biden is \u2018prosecuting his number one political opponent and his greatest electoral threat.\u2019\u00a0<\/p>\n

Both Trump and Smith attended the hearing before the federal D.C. Appeals Court on Tuesday.<\/p>\n

The panel of three judges, two of whom were appointed by President Biden, heard arguments from Trump attorneys and Special Counsel Jack Smith\u2019s team.<\/p>\n

Trump attorney D. John Sauer argued that the president has \u2018absolute immunity,\u2019 even after leaving office \u2014 an argument that the judges appeared to be skeptical of.<\/p>\n

Judge Karen Henderson, an appointee of former President George H.W. Bush, fired back, saying: \u2018I think it\u2019s paradoxical to say that his constitutional duty to take care that the laws be faithfully executed allows him to violate criminal law.\u2019\u00a0<\/p>\n

But Sauer argued that Biden, \u2018the current incumbent of the presidency is prosecuting his number one political opponent and his greatest electoral threat.\u2019<\/p>\n

Meanwhile, Smith\u2019s team argues that presidents are not entitled to absolute immunity and that Trump\u2019s alleged actions fall outside a president\u2019s official job duties.<\/p>\n

\u2018The president has a unique constitutional role but he is not above the law. Separation of powers principles, constitutional text, history, precedent and immunity doctrines all point to the conclusion that a former president enjoys no immunity from prosecution,\u2019 prosecutor James Pearce said, adding that a case in which a former president is alleged to have sought to overturn an election \u2018is not the place to recognize some novel form of immunity.\u2019<\/p>\n

Henderson pressed Pearce on how the court could come to its decision in a way that would not open the \u2018floodgates\u2019 of investigations against ex-presidents.<\/p>\n

Pearce said he did not feel there would be \u2018a sea change of vindictive tit-for-tat prosecutions in the future,\u2019 and said the allegations against Trump are unprecedented.<\/p>\n

\u2018Never before has there been allegations that a sitting president has, with private individuals and using the levers of power, sought to fundamentally subvert the democratic republic and the electoral system,\u2019 Pearce said. \u2018And frankly, if that kind of fact pattern arises again, I think it would be awfully scary if there weren\u2019t some sort of mechanism by which to reach that criminally.\u2019<\/p>\n

Pearce said the country would be in for a \u2018frightening future\u2019 if Trump is not prosecuted for alleged crimes.<\/p>\n

But Sauer pushed back and said that the \u2018floodgates will be opened.\u2019<\/p>\n

\u2018We are in a situation where we have prosecution of the chief political opponent who is winning in every poll in the national election upcoming next year and is being prosecuted by the administration he\u2019s seeking to replace,\u2019 Sauer said. \u2018That is the frightening future\u00a0that is tailor-made to launch cycles, recrimination that will shake our republic for the future.\u2019<\/p>\n

It is unclear when the court will make its decision.<\/p>\n

Trump spoke outside the courtroom shortly after the hearing concluded.\u00a0<\/p>\n

\u2018I think it is very unfair when a political opponent is prosecuted by Biden\u2019s DOJ,\u2019 Trump said. \u2018They are losing in every poll, they are losing in almost every demographic.\u2019\u00a0<\/p>\n

Trump added: \u2018I think they feel this is the way they are going to try and win. It is a very bad precedent.\u2019\u00a0<\/p>\n

Trump said his prosecution would be \u2018the opening of a Pandora\u2019s box, and it is a very sad thing that\u2019s happening with this whole situation.\u2019\u00a0<\/p>\n

\u2018They talk about a threat to democracy\u2013that\u2019s the real threat to democracy,\u2019 Trump said.\u00a0<\/p>\n

Trump stressed that as president, \u2018you have to have immunity,\u2019 and maintained he did \u2018absolutely nothing wrong.\u2019\u00a0<\/p>\n

The 2024 GOP frontrunner said he believes that \u2018by normal standards, if it weren\u2019t me, it would be the end of this case.\u2019\u00a0<\/p>\n

\u2018But sometimes they look at me differently than they look at others. Its very bad for our country,\u2019 he said.\u00a0<\/p>\n

Trump added: \u2018You can\u2019t have a president without immunity\u2026 A president has to have immunity.\u2019\u00a0<\/p>\n

Trump again said he did \u2018nothing wrong\u2019 and said 2020 was \u2018a rigged election.\u2019\u00a0<\/p>\n

\u2018And everybody knows it,\u2019 Trump said.\u00a0<\/p>\n

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Smith\u2019s case against Trump is\u00a0on\u00a0pause as Trump\u2019s attorneys appeal the case and argue that presidential immunity protects him from being prosecuted. The trial had been set to begin on March 4.<\/p>\n

In August, Trump pleaded not guilty in federal court to all four federal charges stemming from Smith\u2019s investigation into 2020 election interference and the Capitol riot on Jan. 6, 2021.<\/p>\n

Trump is charged with\u00a0conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.<\/p>\n

Smith\u00a0filed an argument to dispute Trump\u2019s\u00a0claim of presidential immunity in the U.S. Court of Appeals for the District of Columbia.<\/p>\n

The U.S. Supreme Court recently rejected Smith\u2019s appeal to expedite their assessment of the immunity claim before it went fully through a federal appeals court. Trump\u2019s legal team\u00a0asked the court to deny\u00a0Smith\u2019s request.<\/p>\n

Fox News\u2019 William Mears and The Associated Press contributed to this report.\u00a0<\/p>\n<\/div>\n

This post appeared first on FOX NEWS<\/div>","protected":false},"excerpt":{"rendered":"

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