US urges appeals court to reject Trump immunity claim in 2020 election case

U.S. prosecutors on Saturday urged a federal appeals court to reject former President Donald Trump’s claim that he cannot face criminal charges for seeking to overturn his defeat in the 2020 election.
Special Counsel Jack Smith, who is overseeing the prosecution, argued in a court filing that nothing in the U.S. Constitution or American legal tradition supports giving former presidents “absolute immunity” from criminal charges for action taken while in office.
Smith said creating such a legal shield would place presidents above the law.
Trump has claimed that the presidency is “cloaked with absolute immunity” from prosecution, Smith said. “He is wrong.”
Smith argued that the separation of powers mandated by the constitution and legal precedent make clear that a former president can be charged for crimes he committed while in the White House “including, most critically here, illegal acts to remain in power despite losing an election.”