Jack Smith Says Trump Immunity Claims ‘Threaten To Undermine Democracy’
HuffPost
Donald Trump argued that he can’t be prosecuted for alleged crimes he committed as president of the United States.
Special counsel Jack Smith’s office said democracy is threatened by former President Donald Trump’s claims that presidential immunity shields him from criminal prosecution after leaving the White House.
In a Saturday court filing, Smith’s office carefully dissected Trump’s plea to the U.S. District Court of Appeals for the District of Columbia, asking for the federal election interference case against him to be dismissed.
Trump has made two main arguments: He is immune from crimes committed while he was serving as president, and also that Smith’s case against him constitutes unconstitutional double jeopardy given that he was impeached for the same conduct in the House and let off by the Senate.
“Those arguments lack support in the separation of powers, constitutional text, history, or precedent. Both arguments also threaten to undermine democracy,” read the 82-page document.
The new filing noted that Trump’s claims “draw no support from our constitutional heritage and, if accepted, would damage bedrock principles of equality before the law.”