Federal prosecutors and lawyers for former President Donald J. Trump will square off on Tuesday morning in front of an appeals court in Washington to debate one of the most important questions surrounding the criminal indictment accusing him of plotting to overturn the 2020 election: whether Mr. Trump is immune to the charges because they arose from actions he took while in the White House.
The hearing in front of a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit could help decide when — or even whether — Mr. Trump will go to trial in the election interference case, which is unfolding in Federal District Court in Washington, just downstairs from where the appeals court sits. It could also go a long way in determining the timing of the three other criminal trials that Mr. Trump is facing in the months ahead.
Adding yet another jolt to the hearing, the former president has said on social media that he plans to attend it in person even though he is not required to be there and appellate judges often prefer to hear cases as intellectual exercises without the presence of defendants. Mr. Trump’s appearance is a further sign of just how much he has placed fighting his criminal prosecutions at the heart of his political strategy heading into the Republican primary campaign.
When Mr. Trump’s lawyers argue to the court, they will be playing a long shot, hoping to persuade the judges that the Constitution affords him total immunity from prosecution for any actions he undertook as president. Without immunity for official acts, future presidents could face an onslaught of partisan-driven charges for things they did in office, his lawyers are expected to argue.
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