WASHINGTON (AP) — Federal prosecutors said Thursday that is “not above the law” as they urged a judge to reject the former president's efforts to dismiss the case charging him with plotting to overturn the 2020 presidential election.
Lawyers for Trump had asked U.S. District Judge Tanya Chutkan earlier this month to toss the federal election subversion case, asserting that he was immune from prosecution for actions he took while fulfilling his duties as president.
Special counsel Jack Smith's team responded in its own filing Thursday that there is nothing in the Constitution, or in court precedent, to support the idea that Trump or any other former president cannot be prosecuted for criminal conduct committed while in the White House.
“The defendant is not above the law. He is subject to the federal criminal laws like more than 330 million other Americans, including Members of Congress, federal judges, and everyday citizens,” prosecutors wrote.
The question now heads to a decision from Chutkan, who is being asked to wade into the legally untested realm of a former president's claim of immunity from criminal prosecution. She's not likely to have the final word, though, as defense lawyers — if they fail to persuade Chutkan — will have the opportunity to press their arguments before a federal appeals court or, ultimately, a Supreme Court with a clear conservative majority.
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