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Donald Trump returned for the first time in months to the federal courthouse in Washington on Tuesday as his lawyers argued to appeals judges that he was immune from prosecution on charges that he plotted to overturn the results of the 2020 election.
“To authorize the prosecution of a president for official acts would open a Pandora’s box from which this nation may never recover,” said D. John Sauer, a lawyer for Trump, asserting that presidents could be prosecuted for giving Congress “false information” to enter war or for authorizing drone strikes targeting U.S. citizens abroad.
The judges jumped right into questioning Trump’s lawyer over whether the court has jurisdiction to hear the appeal at this time. Sauer said presidential immunity is clearly a claim that is meant to be reviewed before trial and also noted that special counsel Jack Smith’s team has not challenged the court’s jurisdiction.
The outcome of the arguments carries enormous ramifications both for the landmark criminal case against Trump and for the broader, and legally untested, question of whether an ex-president can be prosecuted for acts committed in the White House. It will also likely set the stage for further appeals before the U.S. Supreme Court, which last month declined a request to weigh but could still get involved later.