by ERIC TUCKER | The Associated PressRepublican presidential candidate, former President Donald Trump speaks on the phone as he watches play in the final round of LIV Golf Miami, at Trump National Doral Golf Club, Sunday, April 7, 2024, in Doral, Fla.
“A President’s alleged criminal scheme to use his official powers to overturn the presidential election and thwart the peaceful transfer of power frustrates core constitutional provisions that protect democracy,” they wrote. Trump has argued that former presidents enjoy immunity for official acts in office. Both the judge presiding over the case, Tanya Chutkan, and a three-judge federal appellate panel in Washington have forcefully rejected that claim.it would take up the question, injecting uncertainty into whether the case — one of four criminal prosecutions confronting Trump, the presumptive Republican nominee for president — can reach trial before November's election.
“The Framers never endorsed criminal immunity for a former President, and all Presidents from the Founding to the modern era have known that after leaving office they faced potential criminal liability for official acts,” Smith's team wrote.
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