Donald Trump filed a brief to the Supreme Court Tuesday before it begins to hear his claim that he should be immune from criminal prosecution for his efforts to overturn the 2020 election and his role in the Jan. 6 attack on the Capitol.
His argument has already been dismissed by two court. The High Court has agreed to hear his appeal starting April 25.
While it was known Trump was appealing, the former president's legal argument contained in the brief is turning some heads already.
After a quick reading of it, NBC News' justice reporter, Ryan Reilly, said that one argument Trump makes is that it would not giving immunity would "be the end of the presidency." The way the law works now is that a president cannot be prosecuted for decisions made on behalf of the United States — and Trump has tried to claim that his protest of the 2020 election was really an attempt to ensure the validity of the election.
"Something else that jumped out when I did a read-through is that they really emphasized the importance, this is ironic coming from the Trump folks, the importance of the press and congressional oversight," said Reilly. Trump spent the overwhelming majority of his time in the White House attacking the press — calling many outlets "fake news" and, at one point, "the enemy of the people." So, Reilly said, it's odd to hear Trump's lawyers say the press can ensure justice.
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Another argument is that Congress has the power to enforce the law, which it constitutionally does not.
"The president cannot function, and the presidency itself cannot retain its vital independence, if the president faces criminal prosecution for official acts once he leaves office," Trump's lawyers added in the filing.
They went on to claim that it would "incapacitate every future president," by ensuring they're more open to blackmail or extortion.
A previous ruling has stated that presidents are not immune fromcivil claims, but this hearing involves a criminal case.
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