Former President Donald Trump's legal team is appealing after Judge Tanya Chutkan struck down his claim that he had "absolute immunity" from all crimes due to being president.
Chutkan struck down the defense in the federal election interference case last week — and legal analysts immediately predicted it would ultimately end in an appeal to the D.C. court.
In a Thursday court filing, shared by Brandi Buchman at Law&Crime, the legal team wrote: "Defendant President Donald J. Trump hereby provides notice that he appeals to the U.S. Court of Appeals for the District of Columbia Circuit from the Memorandum Opinion and Order of the District Court dated December 1, 2023, Docs. 171, 172."
NBC legal analyst Katie Phang tweeted that Trump's team is also asking for a pause to all litigation regarding the 2020 election federal suit until the appeal on presidential immunity is decided.
The appeal is the first step in a question that will likely end up before the U.S. Supreme Court.
"Moreover, even if there were an analogous circumstance in which an official had escaped prosecution, the mere absence of prior prosecution in a similar circumstance would not necessarily mean that Defendant’s conduct was lawful or that his prosecution lacks due process," wrote Chutkan in the decision. "The 'exclusive authority and absolute discretion to decide whether to prosecute a case' ... is a cornerstone of the Executive Branch."
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“Former Presidents enjoy no special conditions on their federal criminal liability,” Chutkan wrote. “Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office.”
"She is making a compelling argument to the Supreme Court, saying we value the separation of powers, but we also value the ability of each branch to perform its functions," former federal prosecutor Joyce Vance told MSNBC's Ali Velshi last week.
"And so she is telling the Supreme Court, 'If you reverse my decision, you will impair essential functions of government," she explained.
