'Absurd': Expert tears apart Trump's latest immunity argument

Donald Trump's latest and "boldest" defense yet against charges he plotted to delegitimize the results of the 2020 election isn't even close to being supported by the Constitution, The New York Times reported.

Next week, Trump is expected to argue before a federal appeals court that he's immune from prosecution for actions he took while president. But, as The Times points out, the U.S. Supreme Court has already acknowledged that the Constitution does not explicitly address whether Trump is immune.

Trump is pointing to a provision that says, “Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: But the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.”

Also read: 'Never walk into that trial': Ex-GOP congressman predicts how Trump will dodge Jan. 6 jury

The New York Times reported: "All the clause says in so many words, then, is that 'the party convicted' in the Senate can still face criminal prosecution. But Mr. Trump said the clause implied something more."

According to Trump's brief, he is arguing that because he was not impeached, he cannot be subsequently criminally charged.

“A president who is acquitted by the Senate cannot be prosecuted for the acquitted conduct," the Times report stated Trump's legal team as claiming.

But an opposing brief said that would have “sweeping and absurd consequences," the Times reported.

“Under defendant’s interpretation, the executive would lack power to prosecute all current and former civil officers for acts taken in office unless Congress first impeached and convicted them. That would permit countless officials to evade criminal liability.”

Trump was acquitted in a second impeachment trial on charges that he incited insurrection on Jan. 6.

But at that time Sen. Mitch McConnell (R-KY), who voted for acquittal, suggested the case could be taken up by the courts.

“We have a criminal justice system in this country,” he said. “We have civil litigation. And former presidents are not immune from being held accountable by either one.”

Trump has been charged by Special Counsel Jack Smith with court counts related to his actions before, during, and after Jan. 6, 2021, one of four criminal cases that he has been indicted in.

Read the full report over at The New York Times.