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Jack Smith disputes Trump's presidential immunity claim

in appeals court
Smith argues that Trump claiming immunity from prosecution 'would be particularly dangerous'
By Andrea Vacchiano Fox News

Published December 30, 2023 3:45pm EST

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U.S. Department of Justice Special Counsel Jack Smith has filed an argument disputing
President Trump's claim to presidential immunity amid his 2020 election interference
case.

The document was filed Saturday in the U.S. Court of Appeals for the District of Columbia.

The intent of the filing was to ask for the "review of the order of the district court (Chutkan,
J.) denying his motions to dismiss based on Presidential immunity and principles of
double jeopardy."

"Immunity from criminal prosecution would be particularly dangerous where, as here, the
former President is alleged to have engaged in criminal conduct aimed at overturning the
results of [an] election," Smith wrote in the filing.

SPECIAL COUNSEL IN TRUMP CASE UNCONSTITUTIONAL, FORMER REAGAN AG SAYS

Jack Smith, U.S. special counsel, speaks during a news conference in Washington, D.C. (Al Drago/Bloomberg via Getty
Images/File)

"A President who unlawfully seeks to retain power through criminal means unchecked by
potential criminal prosecution could jeopardize both the Presidency itself and the very
foundations of our democratic system of governance," the special counsel added.

The document also accused Trump of "conspir[ing] to use knowingly false claims of
election fraud with the goal of overturning the legitimate results of that election and
disenfranchising millions of voters."

"For the foregoing reasons, the Court should affirm the district court’s order denying the
defendant’s motions to dismiss on Presidential immunity and double-jeopardy grounds,"
the conclusion read. "For the reasons given in the Government’s motion to expedite
appellate review, including the imperative public importance of a prompt resolution of this
case, the Government respectfully requests the Court to issue the mandate five days after
the entry of judgment."

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"Such an approach would appropriately require any party seeking further review to do so
promptly," the conclusion added.

The U.S. Supreme Court recently rejected Smith's appeal to expedite their assessment of
the immunity claim before it went fully through a federal appeals court. Trump's legal team
asked the court to deny Smith's request.

"This appeal presents momentous, historic questions," the brief said. "An erroneous denial
of a claim of presidential immunity from criminal prosecution unquestionably warrants
this Court’s review. The Special Counsel contends that ‘[i]t is of imperative public
importance that respondent’s claims of immunity be resolved by this Court.'"

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"That does not entail, however, that the Court should take the case before the lower courts prosecutors
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Fox News Digital's Lillian Le Croy and Danielle Wallace contributed to this report.
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A tiny, shrinking
percentage of
Andrea Vacchiano is a breaking news writer for Fox News Digital and Fox Business. You can follow her
American journalists
on X at @andrea_vacch or send story tips to andrea.vacchiano@fox.com .
are Republicans,
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