Trump asks appeals court to toss 2020 election case after SCOTUS declines special counsel's request

"The indictment alleges only official acts, so it must be dismissed," Trump's attorneys wrote.

Published: December 24, 2023 9:07am

Former President Donald Trump's attorneys asked a D.C. federal appeals court to throw out his 2020 election case one day after the Supreme Court rejected special counsel Jack Smith's request to quickly rule on Trump's argument that he is protected from prosecution by presidential immunity. 

Trump's attorneys Saturday evening asked the D.C. Circuit Court of Appeals to overturn a lower court decision rejecting the former president's claim that he is immune from prosecution for activities that fall within his official presidential responsibilities. 

Trump made the same argument in October, but federal Judge Tanya Chutkan rejected it earlier this month. 

Trump pleaded not guilty to four felony counts related to his alleged attempt to overturn the 2020 election in his favor. 

"President Trump has absolute immunity from prosecution for his official acts as President. The indictment alleges only official acts, so it must be dismissed," Trump's attorneys wrote in Saturday evening's filing.

Smith had asked the Supreme Court to quickly rule on the immunity claim, before an appeals court could issue a ruling on the matter, as Trump's trial is scheduled for March 4.

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