(Luis Cornelio, Headline USA) Federal prosecutors invoked extreme hypothetical scenarios to convince an appeals court to reject former President Donald Trump’s defense in the criminal case linked to the 2020 presidential election.
In a dramatic 82-page court filing, first reported by ABC News, Special Counsel Jack Smith told the Appeals Court for the D.C. Circuit that granting Trump “presidential immunity” might lead to significant lawlessness within the White House, allowing acts like issuing murder orders and accepting bribes to run rampant.
“That approach would grant immunity from criminal prosecution to a President who accepts a bribe in exchange for directing a lucrative government contract to the payer; a President who instructs the FBI Director to plant incriminating evidence on a political enemy; a President who orders the National Guard to murder his most prominent critics,” Smith wrote.
Smith also cited other potential scenarios, such as a president potentially selling “nuclear secrets to a foreign adversary” under the pretext of foreign diplomacy or instructing supporters to “kill” lawmakers.
Specifically, Smith argued: “Under the defendant’s framework, the Nation would have no recourse to deter a President from inciting his supporters during a State of the Union address to kill opposing lawmakers—thereby hamstringing any impeachment proceeding—to ensure that he remains in office unlawfully.”
Smith made these alarming claims after unsuccessfully urging the Supreme Court to bypass the appeals court’s consideration of Trump’s defense, which maintains that his efforts to question the 2020 election results were part of his official duties as president.
In response, the Court rejected Smith’s request, allowing the appeals court to proceed with the case. Trump praised the highest court’s decision, rebuking Smith for attempting to maintain the trail for March 4, a day before Super Tuesday, when multiple states choose their presidential candidates.
Trump has long argued that Smith, appointed by Attorney General Merrick Garland, is part of a broader effort to undermine his presidential bid.
In the Saturday filing, Smith further claimed, “Immunity from criminal prosecution would be particularly dangerous where, as here, the former President is alleged to have engaged in criminal conduct aimed at overturning the results of a presidential election.”
