In a historic and highly anticipated courtroom showdown, three federal appeals judges questioned whether a former president has absolute immunity from criminal prosecution for actions taken while in office. The case in question involves former President Donald Trump and the special counsel Jack Smith, who is seeking to hold Trump accountable for attempting to overturn the last election. Trump's attorneys argued that a former president can only be criminally charged if they were first impeached and convicted by the Senate while still in office. However, the judges appeared deeply skeptical of this argument.
The courtroom proceedings included a striking hypothetical question: Could a president order SEAL Team 6 to assassinate a political rival? Trump's attorney struggled to provide a clear answer, leading to further doubts about their position. The judges emphasized the impossibility of allowing a former president to engage in any conduct without the risk of criminal prosecution.
One notable moment came when the judges referenced Trump's impeachment trial defense earlier this year, where his attorneys stated that a former president is subject to criminal sanction for any illegal acts committed after leaving office. This inconsistency was pointed out as a weakness in Trump's argument.
Legal experts attending the proceedings expressed their belief that the judges were leaning towards ruling against Trump. They noted that Trump's attorneys' attempt to conflate different arguments and mix interpretations of the impeachment process were unconvincing. The judges appeared to have a clear understanding that impeachment serves to ensure the integrity of the government and does not absolve a former president of potential criminal liability.
While concerns were raised about the potential consequences of ruling against Trump, including the opening of a Pandora's box, experts argued that such a scenario is unlikely to occur frequently. They emphasized the unique circumstances surrounding Trump's case and the fact that a former president being prosecuted is highly unusual.
The judges are expected to release their ruling in the coming days or weeks, potentially leading to further legal proceedings. Trump's lawyers may seek an en banc hearing with the full D.C. Court of Appeals, or escalate the case to the Supreme Court. However, experts believe that the judges' skepticism and strong objections to Trump's arguments make it highly unlikely for him to succeed in avoiding future criminal prosecution.
