🎙️ Voice is AI-generated. Inconsistencies may occur.
A pre-Christmas filing by Donald Trump's lawyers asking a federal appeals court to throw out the election subversion case against him is "ridiculous," according to a Florida state attorney.
State Attorney for Palm Beach County Dave Aronberg said the filing arguing that Trump is immune from prosecution for actions that fell within his official presidential duties was about "delay."
"You know, I think now we know why Donald Trump didn't want the Supreme Court to weigh in on this yet... It's such a ridiculous argument," Aronberg told MSNBC's Jonathan Capehart, referring to the unsuccessful motion from Special Counsel Jack Smith to have the Supreme Court consider the case before an appellate court.
"He knows he's going to lose and this is all about delay. The courts will throw coal in his stockings after reading these briefs."
Newsweek has approached a member of the Trump's legal team for comment via email.
The purported delaying tactic could mean the scheduled trial start date of March 4 is postponed. Trump is running for the presidency again in 2024 and may elect to pardon himself of the charges against him if he were to win back the White House.
Legal experts remain divided on whether he can do this legally.
The former president has appealed to the U.S. Court of Appeals for the District of Columbia Circuit to review if he is immune from allegations he tried to overturn the results of the 2020 presidential election because he was president when the offenses occurred. District Judge Tanya Chutkan had ruled at the beginning of December that Trump was not immune from the charges against him.
Trump is charged with conspiracy to defraud the United States; obstruction of and attempt to obstruct an official proceeding; conspiracy to obstruct an official proceeding and conspiracy against rights. He denies all charges and says they are politically motivated.
In a filing late on December 23, Trump's lawyers argued that a "president's acts are not examinable by a judicial branch," that proceedings against the former president are unconstitutional and that there is no set precedent.
"In his brief, [Trump] said that this is the only time in history a president has been charged for official acts," Aronberg, a Democrat, argued. "He's not being charged for official acts. He's been charged for allegedly criminal acts... it's a big difference. If he thinks he has a snowball's chance in hell of winning, the answer is no."
Aronberg argued that the courts won't appreciate the arguments from Trump's lawyers because "judges don't like to be told they have no power."
He added: "That is what Trump is telling the courts. 'Hey, you judges have no power over me. I can do what I want.' By the way, be careful what you ask for. If immunity like this, this absolute immunity applies to Trump, it would apply to Joe Biden. Joe Biden could say arrest Trump and then go through the impeachment and get acquitted and then be president for life. It's not so funny when it happens to you, right?"
Part of the argument in the 71-page filing is that the case against Trump should be dismissed because he was acquitted by the Senate in his second impeachment trial in Congress in 2021.
This, the legal team argues, means Trump cannot be criminally charged because of double jeopardy.
Aronberg added: "He is essentially saying that once you are acquitted by the Senate, by a bunch of political cronies in the Senate, he will become a king ... it's a permanent get out of jail free card."
About the writer
Benjamin Lynch is a Newsweek reporter based in London, U.K. His focus is U.S. politics and national affairs and he ... Read more