(The Conversation is an independent and nonprofit source of news, analysis and commentary from academic experts.)
Ofer Raban, University of Oregon
(THE CONVERSATION) Former President Donald Trump’s claims of immunity from criminal prosecution will be argued before the U.S. Court of Appeals for the District of Columbia Circuit on Jan. 9, 2024 – on an interlocutory appeal from his trial for election interference. His arguments have been rejected by a district court judge, and the Supreme Court has declined to weigh in – for now.
Commentators have described his immunity arguments as “frivolous” and “absurd.” But such accounts underestimate the arguments’ weight and at times misconstrue them.
A related absolute immunity already exists
Trump claims he is immune from federal charges on seeking to overturn the 2020 elections.
His first line of defense claims that his actions are covered by a constitutional immunity protecting presidents when they act in their official capacity. Trump’s lawyers are not claiming that he couldn’t be...
