- Trump's lawyers will argue that he carried out his duties by investigating fraud
- A three-judge panel will decide whether Jack Smith's charges should be dropped
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Donald Trump's lawyers will argue at a hearing in the federal appeals court that he is immune from criminal prosecution in election fraud cases, which will have major implications for his 2024 campaign.
The former president, 77, will appear before the U.S. Circuit Court of Appeals on Tuesday, where a three-judge panel will decide whether to dismiss charges brought against him by special counsel Jack Smith.
He will be asked no questions and have no direct interaction with the judge before he returns to the campaign trail with just six days until the Iowa caucus.
Trump claims he should be protected from prosecution because he was carrying out his official duties as president while investigating fraud claims following Joe Biden's 2020 election victory.
Donald Trump's lawyers will argue at a hearing in the federal appeals court that he is immune from criminal prosecution in election fraud cases, which will have major implications for his 2024 campaign.
He also argues that since the Senate acquitted him during his impeachment in the aftermath of January 6, he should not have been charged.
The case will go to the Supreme Court, but if the justices side with him, it could derail Smith's federal case.
Trump has argued that he has presidential immunity in several cases and is already facing challenges to kick him off the ballot in states like Colorado and Maine.
Trump has a commanding lead over his Republican rivals heading into the primary season, which will be punctuated by court appearances.
The case will be heard by Judges Karen LeCraft Henderson, Michelle Childs and Florence Pan.
The case will go to the Supreme Court, but if the justices side with him, it could derail Special Prosecutor Jack Smith's federal case
Police secure the exterior of the E. Barrett Prettyman U.S. Courthouse before Trump arrives
The former president, 77, will appear at the U.S. Circuit Court of Appeals on Tuesday, where a three-judge panel will decide whether to dismiss charges brought against him by special counsel Jack Smith.
Henderson has already been involved in Trump matters, including whether Congress could gain access to his tax records.
A lower court has already ruled that Trump is not immune, and District Judge Tanya Chutkan has declined to dismiss the case.
“Whatever immunity a sitting president enjoys, the United States has only one Chief Executive at a time, and that position does not confer a lifetime 'get out of jail' pass,” Chutkan wrote.
“Former presidents enjoy no special conditions regarding their federal criminal liability.”
Trump subsequently challenged the decision in the appeals court.