Jack Smith Urges Appeals Court To Reject Trump’s Immunity Defense | Eastern North Carolina Now

    Publisher's Note: This post appears here courtesy of the The Daily Wire. The author of this post is Daniel Chaitin.

    Special counsel Jack Smith asked a federal appeals court on Saturday to reject former President Donald Trump's bid to get his 2020 election case tossed.

    In a filing, Smith's team urged the D.C. Circuit Court of Appeals to affirm a judge's order denying Trump's motions to dismiss the case based on claims of presidential immunity and double-jeopardy grounds ahead of arguments before a three-judge panel set for January 9.

    Trump's argument that he cannot be held to answer for charges related to an alleged plot to overturn the results of the 2020 election "threatens the democratic and constitutional foundation of our Republic," Smith's 82-page filing stated.

    The claim of presidential immunity as well as a First Amendment defense were rejected by U.S. District Judge Tanya Chutkan, an Obama appointee, prompting an appeal by Trump earlier this month. Smith responded by asking the appeals court and, separately, the Supreme Court to quickly consider the matter. Smith's gambit with the high court was rejected, but the case may end up there anyway after the appeals court finishes its review.

    In a filing to the federal appeals court last week, Trump's lawyers said their client may not be criminally prosecuted for specific conduct while in office unless he was impeached by the House and then convicted by the Senate - which he was not.

    The indictment is "unlawful and unconstitutional," said Trump's legal team, arguing the district court's order should be reversed and Smith's case dismissed because the former president is being subject to a double jeopardy violation.

    As he runs a third campaign for the White House, Trump is facing three other criminal cases, including another one led by Smith over the former president's handling of classified documents, as well as civil litigation. Trump has broadly denied any wrongdoing and has argued that politically motivated prosecutors are conducting a "witch hunt" against him.

    The trial in the 2020 election case is currently set to start on March 4, 2024 - one day before Super Tuesday - but the sparring in court over presidential immunity could push back the schedule.

    Smith's team asked the appeals court to implement its ruling five days after it is given to quickly set the stage for any further challenges. For the trial, prosecutors asked that any attempt by Trump to "inject politics" and use "improper evidence" for the 2020 election case not be permitted.

poll#201

Considering what real news is available for all to witness, and in great specificity, should one pursue what is true outside of the channeled realm of the corrupt corporate /legacy media, and: Is Institutionalized Corruption real, and is it a hindrance to sustaining our Constitutional Republic now, and for future generations of American citizens?

  Yes

  No

  Not sure

447 total vote(s)     What's your Opinion?

poll#165

In light of continued developments, primarily since 2008, there exists in these United States a Legal System which operates on a proved Two Tiered approach to justice rendered, which primarily benefits Democratic Elites and Woke Ideological Virtue Signalers, representing their co-dependent wards, to the expressed exclusion of normal hardworking American citizens: What is your suggestion in remedying this widespread injustice and, if not corrected, its existential outcome for our Constitutional Republic?

  Complete overhaul of the Department of Justice and their enforcers - the FBI - to reflect a far more honest justice system to keep patriots remaining calm.

  Disband the FBI, and request that congress investigate all unethical and non patriotic practices to partially right the wrongs of a distrusted and politically weaponized "Department of Justice."

  Continue with the current system since the two tiered justice system has been so remarkably beneficial to Democratic Socialist political hegemony; chronic distrust in institutions notwithstanding.

674 total vote(s)     What's your Opinion?

poll#204

After nearly 8 months of the United States House of Representatives' Oversight Committee hearings, House Speaker Mike Johnson is pursuing an Impeachment Inquiry into the strong allegations of Bribery, Influence Peddling, Money laundering and possible Treason regarding the Biden Family Shell Corporations' business dealings with foreign nations that are adversarial to our survival: Is it prudent and wise for the Republican controlled U.S. House to investigate this Democratic Socialist President?

  No, Democratics should never be investigated because they are so superior to their Republican counterparts, and care so much more.

  Yes, in a Constitutional Republic, bound by the Rule of Law, no one is above the law, and that law must be applied evenly.

  Not sure ... Now, what got all this started?

296 total vote(s)     What's your Opinion?