Trump asks SCOTUS to dismiss Jack Smith’s D.C. election case, claiming immunity


Former President Donald Trump on Tuesday asked the Supreme Court to dismiss special counsel Jack Smith’s D.C. election case against him, arguing that he enjoys presidential immunity in the matter.

The Supreme Court is slated to hear oral arguments over the matter on April 25. Judge Tanya Chutkan initially rejected his claims and has paused the cause while his appeal progresses. The appeals court then ruled against him, prompting Trump to petition the High Court.

“The Court should reverse the D.C. Circuit and order the dismissal of the indictment. If the Court finds further fact-finding necessary, it should remand to the district court to apply the doctrine in the first instance,” reads the filing.

Among Trump’s arguments is the claim that the Impeachment Judgement Clause of the Constitution (Article 1 Section 3 Clause 7) precludes presidential prosecution except in the event of his impeachment and conviction by the Senate.

The clause reads:

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

“By specifying that only the ‘Party convicted’ may be subject to criminal prosecution, the Clause dictates the President cannot be prosecuted unless he is first impeached and convicted by the Senate,” the filing reads.

Trump was impeached for the second time after the Jan. 6, 2021, Capitol riot, though he was acquitted in the Senate.

Ben Whedon is an editor and reporter for Just the News. Follow him on X, formerly Twitter.





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