Former President of the United States Donald Trump presented a petition to the country's Supreme Court this Tuesday (19) arguing that a former president has “absolute immunity from criminal prosecution for his official acts”.
Trump is appealing a lower court's rejection of his request for protection from the criminal prosecution brought by special counsel Jack Smith, noting that he was president when he took steps aimed at overturning Joe Biden's victory over him.
The action presents arguments similar to those previously listed by Trump's lawyers, seeking to protect him from prosecution, as well as statements that the businessman made during the campaign.
“O [cargo de] President cannot function, and the Presidency itself cannot maintain its vital independence, if the President faces criminal prosecution for official acts after leaving office,” the document states.
Trump, the first former president to be criminally prosecuted, is the Republican party candidate challenging Democratic President Joe Biden in the November 5 US elections.
Smith was appointed by U.S. Attorney General Merrick Garland in November 2022.
In August 2023, he filed four federal criminal charges against Trump in the case investigating alleged election subversion, including conspiracy to defraud the United States, obstructing Congressional certification of Biden's electoral victory and conspiring to do so, and conspiring against the right of Americans to vote.
The Supreme Court's decision to hear Trump's immunity arguments on April 25 postponed the criminal trial, providing a boost as he tries to delay proceedings while he runs to reclaim the presidency. The former president has three other criminal cases pending.
Last October, he sought to have the charges dismissed based on his immunity claim. U.S. District Judge Tanya Chutkan rejected that claim in December.
On appeal, the U.S. Court of Appeals for the District of Columbia Circuit ruled on February 6 3-0 against Trump's immunity claim, rejecting his argument of “unlimited authority to commit crimes that would counteract the most fundamental control of the Executive power – the recognition and implementation of electoral results.”
The case once again pushes the country's top judicial body, whose conservative majority includes three judges appointed by Trump, into the electoral fray.
Trump and his allies have made false claims that the 2020 election was rigged. He also sought to pressure then-Vice President Mike Pence not to allow certification to move forward.
The businessman's supporters attacked the US Capitol on January 6, 2021, in an attempt to prevent the certification.
If Trump returns to the presidency, he could try to use his powers to force an end to the prosecution or potentially grant himself a pardon for any federal crimes.
He has pleaded not guilty in all four criminal cases, seeking to portray them as politically motivated.
Source: CNN Brasil
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