Trump declares prosecuting him may ‘open Pandora’s field’ in immunity argument

Prosecuting Donald Trump would “open a Pandora’s field” of possible prosecutions against other former Presidents, Trump’s attorney has argued.

“To authorise the prosecution of a president for official acts would open a Pandora’s box from which this nation may never recover,” said D. John Sauer, a lawyer for Trump, asserting that presidents could be prosecuted for giving Congress “false information” to enter war or for authorising drone strikes targeting U.S. citizens abroad.

This comes as Donald Trump appeared in court to hear whether he can be prosecuted for trying to overturn the 2020 election. The former President is returning for the first time in months to the federal courthouse in Washington as an appeals court hears arguments about whether Trump is immune from prosecution.

“Could George W. Bush be prosecuted for obstruction of an official proceeding for allegedly giving false information to Congress, to induce the nation to go to war in Iraq under false pretenses?” Sauer asked.

“Could President Obama be potentially charged for murder for allegedly authorizing drone strikes targeting US citizens located abroad?” he added.

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The judges jumped proper into questioning Trump’s lawyer over whether or not the court docket has jurisdiction to listen to the enchantment presently. Sauer mentioned presidential immunity is clearly a declare that’s meant to be reviewed earlier than trial and in addition famous that particular counsel Jack Smith’s group has not challenged the court docket’s jurisdiction.

The consequence of the arguments carries monumental ramifications each for the landmark legal case in opposition to Trump and for the broader, and legally untested, query of whether or not an ex-president could be prosecuted for acts dedicated within the White House. It can even doubtless set the stage for additional appeals earlier than the U.S. Supreme Court, which final month declined a request to weigh however may nonetheless become involved later.

A swift determination is essential for particular counsel Smith and his group, who’re wanting to get the case — now paused pending the enchantment — to trial earlier than the November election. But Trump’s legal professionals, along with looking for to get the case dismissed, are hoping to profit from a protracted appeals course of that would delay the trial properly previous its scheduled March 4 begin date, together with till probably after the election.

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Underscoring the significance to each side, Trump, the 2024 Republican presidential main front-runner, was attending Tuesday’s arguments despite the fact that the Iowa caucuses are only one week away and even supposing there’s no requirement that defendants seem in particular person for such proceedings. It will probably be his first court docket look in Washington, one in all 4 cities the place he faces legal prosecutions and potential trials, since his arraignment in August.

He’s already signalling that he may use the looks to painting himself because the sufferer of a politicised justice system. Though there’s no proof that President Joe Biden has had any affect on the case, Trump’s argument may resonate with Republican voters in Iowa as they put together to launch the presidential nomination course of.

“Of course I was entitled, as President of the United States and Commander in Chief, to Immunity,” he wrote in a social media publish, including, “I was looking for voter fraud, and finding it, which is my obligation to do, and otherwise running our Country.”

Former presidents get pleasure from broad immunity from lawsuits for actions taken as a part of their official White House duties. But as a result of no former president earlier than Trump has ever been indicted, courts have by no means earlier than addressed whether or not that safety extends to legal prosecution.