Donald Trump claimed that he was merely doing his “duty” as president by alleging that the 2020 election was “rigged” and “stolen,” therefore believes he deserves “immunity” from prosecution.
“I wasn’t campaigning, the Election was over. I was doing my duty as President to expose and further investigate a Rigged and Stolen Election. It was my obligation to do so, and the proof found is voluminous and irrefutable,” the former president wrote in a Truth Social post Sunday morning. “Therefore, among other reasons, of course I am entitled to IMMUNITY. ADDITIONALLY, I DID NOTHING WRONG. Stop the Witch Hunt NOW!”
Trump’s comments echo assertions his lawyers made in a late-night filing on Saturday when asking a federal appeals court to toss out the indictment accusing him of trying to overturn the election. Trump’s attorneys’ argument essentially boils down to one Richard Nixon made to David Frost: If the president does it, it isn’t illegal.
“President Trump has absolute immunity from prosecution for his official acts as President,” the lawyers wrote. “The indictment alleges only official acts, so it must be dismissed.”
Trump has been indicted for his actions following the 2020 election, which his own officials at the time claimed was the most secure in U.S. history. Trump pressured local election officials to overturn results in their states, urged Vice President Mike Pence to stop the certification of electoral votes, and publicly pushed false claims of tampered votes, culminating in the attack on the Capitol on Jan. 6.
In a late-night filing Saturday to the D.C. Circuit Court of Appeals, Trump’s lawyers asked the judges to overturn a lower-court’s ruling that Trump can be prosecuted for the actions he took while in office. Being president, District Judge Tanya Chutkan wrote in the ruling earlier this month, “does not confer a lifelong ‘get-out-of-jail-free’ pass.”
Trump’s lawyers claim that his actions “all reflect President Trump’s efforts and duties, squarely as Chief Executive of the United States, to advocate for and defend the integrity of the federal election, in accord with his view that it was tainted by fraud and irregularity.”
Last week, special prosecutor Jack Smith asked the Supreme Court to make an expedited ruling before the D.C. Circuit could chime in, but the court denied his request on Friday. Smith has argued that it would be in the public interest to complete the case ahead of the 2024 election.
The D.C. Circuit Court of three judges — one George H.W. Bush appointee and two Biden appointees — is scheduled to hear oral arguments in the case on Jan. 9.
By insisting on appeals, Trump accomplishes two goals: He defends his own actions while also slow-walking the legal process, potentially pushing back his upcoming March 4 trial date.
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