Former President Donald Trump confirmed that he will be in court when a federal appeals court on Tuesday considers whether to decide if he is immune from criminal prosecution relating to his federal election case.
In a post on his Truth Social platform early Monday morning, the former president wrote: “I will be attending … the federal appeals court arguments on presidential immunity in Washington, D.C., on Tuesday,” adding that he was “entitled … to immunity” when he was president.
The case, brought by special counsel Jack Smith, charged the former president with obstruction and conspiracy, with prosecutors saying that he illegally attempted to overturn the 2020 election. The former president has argued that he was acting in his capacity as president to investigate election fraud and that because he was acting in his official capacity as president, he has immunity from prosecution.
“I wasn’t campaigning, the election was long over. I was looking for voter fraud, and finding it, which is my obligation to do, and otherwise … running our country,” he added, referring to his activity after the 2020 election.
“By weaponizing the DOJ against his Political Opponent, ME, Joe has opened a giant Pandora’s Box,” he wrote, referring to the Department of Justice.
Elaborating, he wrote that if the appeals court finds that he wasn’t immune, then President Joe Biden “doesn’t get immunity,” either. “With the Border Invasion and Afghanistan Surrender, alone, not to mention the Millions of dollars that went into his ‘pockets’ with money from foreign countries, Joe would be ripe for Indictment,” the former president added.
A District of Columbia appeals court will hear the case after the presiding judge in the election case, District Judge Tanya Chutkan, rejected his claims of immunity and refused to dismiss the case late last year. Earlier, the U.S. Supreme Court rejected an attempt by federal prosecutors to fast-track a hearing on whether he had presidential immunity, putting it in the hands of the appeals court judges for now.
Meanwhile, Judge Chutkan placed a hold on the election case until the issue is resolved, potentially pushing back deadlines—including the start of his trial this year. The judge had scheduled his trial date for March 4, or about a day before the crucial Super Tuesday nominating contests for the 2024 presidential primary election, which President Trump is currently dominating.
