Trump’s Republican Critics Ask Court to Reject His ‘Absolute Immunity’
WASHINGTON — Former top Republican federal officials on Tuesday filed a brief with the appeals court in Washington, D.C., asking that former President Donald Trump’s claim of immunity for the Jan. 6 insurrection at the Capitol not be allowed.
Trump’s legal defense team is arguing the criminal charges against him should be dismissed because a president has “absolute immunity.”
An amicus brief a group of Republicans filed with the U.S. Court of Appeals Tuesday argues that “absolute immunity” would encourage presidents to commit crimes that could include coups to stay in power.
An amicus brief refers to a court filing by an individual or organization who is not a party to a legal case but still allowed to assist a court by offering information, expertise or insight important to issues in the case.
“Nothing in our Constitution, or any case, supports former President Trump’s dangerous argument for criminal immunity,” the amicus brief from the former Republican officials says.
The group includes former Missouri Sen. John Danforth, former Solicitor General Charles Fried and former Oklahoma Rep. Mickey Edwards.
Trump is the only U.S. president in history to be charged with crimes. The indictments against him accuse him of illegally trying to obstruct the 2020 presidential election, improper retention and use of classified documents, falsifying business records to inflate the value of his properties and paying hush money to a porn star.
Trump has pleaded not guilty to all the charges even as he runs for reelection. He holds a slight lead over President Joe Biden in some popular opinion polls.
The Republican officials wrote in their amicus brief that Trump’s assertion he cannot lawfully be charged with a crime could undermine Article II of the Constitution, which sets out presidential powers as well as procedures for electing and removing presidents.
“The last thing presidential immunity should do is embolden presidents who lose reelection to engage in criminal conduct, through official acts or otherwise,” the brief says.
The group referred to media reports that Trump contacted military leaders about the possibility of using the Army to help him remain in the presidency after he lost to Biden.
Although the military leaders refused, granting Trump immunity could raise the risks a president could hold on to power through military force, the brief says.
“These terrifying possibilities are real, not remote,” the Republican officials wrote.
Trump argues that criminal prosecution of him would violate the separation of powers required by the Constitution and set a dangerous precedent that would interfere with the functioning of the executive branch of government.
Trump already lost in U.S. District Court on his motion to dismiss charges based on his claimed immunity. His attorneys appealed to the Court of Appeals.
Trump’s trial is set for March 4, which is likely to play a crucial role in his chances for reelection in 2024.
He faces other challenges in lawsuits filed in states nationwide. His critics say his role in the Jan. 6, 2021, Capitol riot shows he should not be allowed on state ballots because of the 14th Amendment’s ban on insurrectionists holding public office.
One of the lawsuits was resolved at the state level Wednesday when the Michigan Supreme Court rejected a liberal advocacy group’s request that Trump be removed from the 2024 Republican primary election. The court said no state law gives it authority to decide the issue.
The Michigan Supreme Court reached a much different conclusion than the Colorado Supreme Court barely a week earlier. The Colorado justices said the 14th Amendment does give the state a right to kick Trump off the state primary ballot.
The U.S. Supreme Court has already indicated that it will resolve the differences of opinion within weeks, potentially also deciding who wins the next presidential election.
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