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Appeals Court Judge Asks Trump Lawyer if President Can Order SEAL Team 6 to Assassinate Rivals

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President Trump’s attorney, John Sauer, presented arguments before a three-judge panel at the DC Circuit Court of Appeals on Tuesday.

The panel consisted of Florence Pan and Michelle Childs, both appointed by President Biden, and Karen Henderson, appointed by President George W. Bush.

The case in question involves Jack Smith, who made extreme claims suggesting that Trump’s immunity argument would give him the power to instruct his followers to harm lawmakers with opposing views.

Trump’s legal team asserted that he should be granted immunity from federal prosecution for any alleged crimes committed during his tenure as US President.

“In 234 years of American history, no president ever faced criminal prosecution for his official acts. Until 19 days ago, no court had ever addressed whether immunity from such prosecution exists,” Trump’s lawyers wrote in last month’s filing, according to CBS News. “To this day, no appellate court has addressed it. The question stands among the most complex, intricate, and momentous issues that this Court will be called on to decide.”

According to Jack Smith, Trump cannot claim immunity from prosecution as “he could potentially be involved in activities such as ordering the assassination of his political adversaries or engaging in the illicit trade of nuclear secrets.”

“The implications of the defendant’s broad immunity theory are sobering. In his view, a court should treat a President’s criminal conduct as immune from prosecution as long as it takes the form of correspondence with a state official about a matter in which there is a federal interest, a meeting with a member of the Executive Branch, or a statement on a matter of public concern,” according to Jack Smith’s 82-page filing reviewed by The Gateway Pundit.

According to Jack Smith’s team, they questioned whether Trump would be immune from consequences if he were to incite his supporters during a State of the Union address to harm opposing lawmakers.

“That approach would grant immunity from criminal prosecution to a President who accepts a bribe in exchange for directing a lucrative government contract to the payer; a President who instructs the FBI Director to plant incriminating evidence on a political enemy; a President who orders the National Guard to murder his most prominent critics; or a President who sells nuclear secrets to a foreign adversary, because in each of these scenarios, the President could assert that he was simply executing the laws; or communicating with the Department of Justice; or discharging his powers as Commander-in-Chief; or engaging in foreign diplomacy. Under the defendant’s framework, the Nation would have no recourse to deter a President from inciting his supporters during a State of the Union address to kill opposing lawmakers—thereby hamstringing any impeachment proceeding—to ensure that he remains in office unlawfully,” Jack Smith wrote.

On Tuesday morning, oral arguments commenced in the DC Circuit Court of Appeals. Meanwhile, Judge Chutkan issued a stay on all proceedings related to Jack Smith’s case in DC until the appeal is resolved.

During the hearing, a three-judge panel expressed doubt regarding Trump’s immunity claims.

One of the judges, appointed by Biden, posed a question to attorney John Sauer about whether Trump could face criminal prosecution if he commanded SEAL Team 6 to eliminate his political adversaries.

John Sauer, former Solicitor General of Missouri, replied, “If he were impeached and convicted first… my answer is qualified yes, there is a political process that would have to occur under the structure of our Constitution which would require impeachment and conviction by the Senate in these exceptional cases…”

It goes without saying that the hypothetical question presented here is completely ridiculous, reminiscent of Jack Smith’s argument before the federal appeals court. As expected, CNN seized the opportunity and heavily criticized John Sauer.

If the DC Circuit Court of Appeals declares that Trump lacks presidential immunity, he will escalate the battle to the US Supreme Court and seek another stay.

ICYMI: DC US Attorney Says DOJ To Target Thousands of Americans Near the Capitol on Jan 6

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Joe Messina

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