Donald Trump Thursday doubled down on his argument that he is absolutely immune from prosecution in the D.C. election subversion case because he was president at the time.
Trump's legal team is responding to special counsel Jack Smith's recent filing, which said that Trump is "not above the law." In that filing, the prosecutor dismantled the former president's argument that he is absolutely immune from prosecution due to his former office.
Trump's new filing suggests he isn't above the law, but adds that he is above criminal prosecution in the case.
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"The prosecution argues that Presidential immunity does not extend to criminal prosecution of a President for his official acts," Trump's legal team wrote in the brief posted on Thursday. "The prosecution is wrong."
Trump goes on to purportedly debunk Smith's argument that recognizing immunity from criminal prosecution would place the President "above the law."
The filing suggests finding for Trump on this issue would not put him "above the law," but that it would boost "careful safeguards that the framers erected around the Presidency for the sake of the public good, and ensures that only Congress, as the People’s representatives, may decide when and whether the President shall be 'liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.'"
