Former US President Donald Trump issued a threat to prosecute his successor, Joe Biden, as he appeared in a federal appeals court hearing in Washington, DC on Tuesday. In a video posted on social media, Trump stated that if he doesn’t receive immunity, then Biden shouldn’t either, suggesting that Biden could be subject to indictment. The court was examining the limits of Trump’s broad immunity claim in a case related to the 2020 election, where his lawyers argued that he was immune from prosecution for allegedly plotting to overturn the election results.
Despite losing the 2020 election, Trump holds a significant lead in the race for the Republican presidential nomination. The Iowa contest on Monday is expected to be an easy win for him.
In the appeals court hearing, judges questioned the extent of presidential immunity claimed by Trump. His attorney argued that presidents are exempt from criminal prosecution for actions taken while in office unless they are first impeached and convicted by the Senate.
The judges raised concerns about whether this reasoning would apply to potentially unlawful actions, such as ordering the assassination of a political opponent or selling pardons. Trump’s attorney, John Sauer, maintained that criminal investigation would only be possible after impeachment and conviction by Congress.
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James Pearce, a member of special counsel Jack Smith’s team, argued against this interpretation, stating that a former president’s immunity from prosecution after impeachment and conviction is “wrong for textual, structural, historical reasons, and a host of practical ones.”
The three-judge panel expressed skepticism about the claim of absolute immunity from prosecution. Karen Henderson, a George HW Bush appointee, noted the paradox in asserting that constitutional duty allows a president to violate criminal law.
After the hearing, Trump reiterated his belief in presidential immunity, stating that it is essential for a president to have immunity to effectively perform the job. He emphasized that without immunity, a president cannot carry out their duties.
