An appeals court will hear arguments on Tuesday over the former president’s attempt to shut down the federal election case. Much is riding on how — and how quickly — the issue is decided.
Three years after a mob of his supporters stormed the Capitol, former President Donald J. Trump will make his latest and potentially most consequential argument in the coming week for why he should not be held responsible for seeking to overturn the 2020 election.
Impeachment proceedings, the House Jan. 6 committee’s inquiry and two separate criminal investigations have established a comprehensive set of facts about Mr. Trump’s deep involvement in overlapping efforts to remain in office despite having been defeated at the polls.
But when — or even whether — he will ultimately face a trial on charges related to those efforts remains unclear. One of the most decisive factors in getting an answer to those questions will be the success or failure of the arguments his legal team plans to make on Tuesday in a federal appeals court in Washington.
Mr. Trump’s lawyers are banking on a long shot, hoping to convince a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit that the Constitution affords him complete immunity from actions he undertook as president. The assertion, while untested in the courts, has the advantage to the former president of chewing up time in the service of his strategy of trying to delay any trial until after Election Day.
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Source: Elections - nytimes.com
