A federal appeals court in Washington is set to deliberate on Tuesday morning over whether former President Donald Trump can face criminal prosecution for federal charges related to his attempts to overturn the 2020 election. Trump, who has announced his attendance at the hearing via his Truth Social platform, appealed last month after a trial judge dismissed his attempt to dismiss the charges, arguing he had absolute immunity.
The court's decision and the time it takes to issue a ruling will have significant implications for the scheduled March trial. Trump's legal team contends that all actions to reverse the election defeat fall within the "outer perimeter" of his presidential duties, providing protection. However, this argument was rejected by the trial judge, who emphasized that former presidents do not enjoy special conditions of federal criminal liability.
The appeal process is seen as Trump's strategy to delay the trial, which is scheduled for March 5, and potentially extend it beyond the 2024 election. The former president hopes that winning re-election would offer the opportunity for a pardon or the dismissal of charges. The special counsel, Jack Smith, attempted to expedite the process by involving the US Supreme Court, but the request was declined, leading to the case's return to the DC circuit for a decision.