List of Donald Trump's Various Legal Defenses Goes Viral

A clip of Donald Trump's multiple legal arguments which he has cited in the criminal and civil cases against him has gone viral.

On Tuesday's edition of NewsNight, CNN's Abby Phillip noted the dozens of reasons the former president has given for why he should not face prosecution or examples of why he is the victim of political bias.

Phillip's piece to camera was broadcast as Trump appeared in a D.C. court on Tuesday to present his case for absolute immunity in defense against Special Counsel Jack Smith's federal 2020 election interference investigation. The former president has pleaded not guilty to four charges.

Trump faces similar charges in Georgia where is accused of racketeering to alter the outcome of the 2020 election. He has pleaded not guilty to all charges.

On Monday, the U.S. Court of Appeals for the Second Circuit declined Trump's attempts to throw out a lawsuit filed by E. Jean Carroll, who accuses the former president of defaming her while he denied sexually assaulting the former Elle columnist in the 1990s. Trump has argued his denials are protected under the immunity he had in office as president.

A clip of Phillip reading out the long list of Trump's seemingly contradictory defenses across the criminal trials and civil cases was shared on X, formerly Twitter, by Acyn Torabi, senior digital editor for the liberal website MeidasTouch. The clip has since been viewed more than 125,00 times.

"He says he's immune, presidents can't obstruct justice. His intent wasn't corrupt. The case is moving too fast or moving too slow," Phillip said while the list rolled down in a graphic beside her on screen.

"It's an unfair venue. The judge is biased, and so are the clerks. The juries, too. He's never met her. He doesn't know her. She's not his type. It was his personal account, political persecution, witch hunt, perfect phone call, the deep state," Phillip read. "It wasn't an insurrection. He wasn't notified that it was a crime. His lawyers advised him, double jeopardy. The speech was peaceful. The students weren't defrauded. The Presidential Records Act.

"He was too busy. They were his documents. They're declassified. They aren't even classified at all," Phillip continued. "The First Amendment and the fourth, the fifth, the sixth and 10th amendments now too."

Trump's office has been contacted for comment via email.

Trump, the frontrunner in the GOP primary, has accused all investigations into him of being a politically motivated "witch hunt" to prevent him from winning the 2024 election. He has pleaded not guilty to 91 charges across four criminal investigations.

On Tuesday, Trump's lawyer D. John Sauer argued to the three-judge panel at the U.S. Court of Appeals for the D.C. Circuit that a president can be prosecuted for crimes committed while in office, but only if they are impeached and convicted in Congress first. Trump was impeached for the second time in 2021 for allegedly inciting the January 6 attack, but was later acquitted by the Senate.

The claim was dismissed by Judge Florence Pan, who suggested in this scenario a sitting president would not face prosecution for ordering SEAL Team Six to assassinate a political opponent unless they were convicted by the Senate first. The president could also resign from office before they are impeached to escape criminal prosecution.

"Once you concede that presidents can be prosecuted under some circumstances, your separation of powers argument falls away," Pan told Sauer.

The U.S. Court of Appeals for the Second Circuit declined Trump's legal team's request to rehear his immunity arguments with an "en banc" (on the bench) review—where a court assumes jurisdiction over the entire case—to dismiss the defamation suit filed against him by Carroll.

A civil trial to settle the suit is scheduled to begin on January 16. The judge overseeing the case already ruled that Trump had defamed Carroll while denying the assault took place, with the pending proceedings mainly for deciding the penalty Trump should face.

Trump may appeal the decisions regarding his immunity claims to the Supreme Court, potentially delaying the start of both trials.