Wednesday Briefing: Trump’s Immunity Claim in Court

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Donald Trump speaks to members of the news media. Two men in suits stand at his left and right.
Donald Trump after a court hearing yesterday.Credit…Susan Walsh/Associated Press

At a hearing in Washington yesterday, judges expressed deep skepticism about Donald Trump’s claim that he was immune from charges of plotting to subvert the 2020 election. Trump’s lawyers argued that he should not face prosecution because the charges stem from actions that he took as president.

The panel of three federal appeals court judges peppered one of Trump’s lawyers with tough questions about the immunity claims. Trump — who is on track to win the Republican presidential nomination — was there, but did not speak.

One judge seemed less than persuaded that Trump was upholding his constitutional duty to preserve the integrity of the election when he sought to overturn his loss.

“I think it’s paradoxical to say that his constitutional duty to take care that the laws be faithfully executed allows him to violate the criminal law,” said Judge Karen Henderson, the sole Republican appointee.


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