PBS NewsHour | Trump's attorneys claim he's immune from Jan. 6 prosecution | Season 2024

Donald Trump was in court in to day, while his attorneys argued# the former preside federal prosecution connected to the# January 6 attack on the U.S. Capitol.

GEOFF BENNETT: The three-judge appeals panel# seemed skeptical of the Trump legal team's## argument that Trump was acting in his official# capacity as president to -- quote -- "en election integrity" when he undermined the# results of the 2020 presidential election.

JUDGE KAREN HENDERSON, D.C.

Circuit Court# of Appeals: I think it's paradoxical to## say that his constitutional duty# to take be faithfully executed allows# him to violate criminal laws.

GEOFF BENNETT: NPR justice correspondent Carrie## Johnson was at the courthouse Carrie, thanks so much for being with us.

And we should say the case is the presidency and the powers of the# presidency.

How did Mr. team argue that he should be immune# from criminal charges related to his## efforts to overturn the election?

What# was the case that made in court today?

CARRIE JOHNSON, NPR: Trump lawyer,# John Sauer, made a number of arguments.

One is that the role of judges to review some of# these issues should be, in Another essential argument he made was that# presidents can only be prosecuted if they have## already been impeached and convicted by the U.S.# Senate, even in the most extreme of circumstances.

And Sauer also pointed out that were these# judges to disagree and open an avenue for## criminal liability for former presidents,# that that would open the floodgates to lots of## recriminations and tit for tat from administration# to administration of differing political parties.

GEOFF BENNETT: And the judges peppered# Trump's legal team with questions trying## to test this immunity theory, with one# judge asking if a president could the killing of a political rival and# get away with it as an official act.

JUDGE FLORENCE PAN, D.C. Circuit# Court Of Appeals: Could a president## who ordered Seal would he be subject to criminal prosecution?

JOHN SAUER, Attorney For Donald Trump:# If he were i JUDGE FLORENCE PAN: So your answer is no?

JOHN SAUER: My answer is qualified yes.# ha ve to occur under our -- the# structure of our Constitution,## which would require impeachment# and conviction GEOFF BENNETT: So, Carrie,# there's no precedent here.

Donald Trump is the first fo criminal charges.

What will# inform these judges' CARRIE JOHNSON: Well, history# is a guide here, Geoff.

No former president has been charged, b a pardon from his successor, Gerald# Ford, which acknowledges some sense## of criminal liability on his behalf and# concern about potential criminal action.

And one of the judges in this case, Michelle# Childs, also asked Trump's lawyer in this case## why Trump's lawyer in the impeachment over January# 6 conceded that he shouldn't be impeached there,## but that there should be a role for the# justice system to play criminally thereafter.

Judge Childs couldn't get the lawyer to understand# the distinction there or acknowledge it.

And there is a real contradiction the judges were# grappling with today over the sweeping nature of## Trump's arguments versus the reality on the ground# in some of these very extensive hypotheticals.

GEOFF BENNETT: And, Carrie, you# mentioned earlier that Trump's## lawyers argued that prosecuting Mr.# of inditing former presidents for# actions they took while in office.

How did the special counsel's team# respond to that argument in particular?

CARRIE JOHNSON: The special counsel# lawyer, James Pearce, basically said,## this has never happened before in a couple hundred# years of America happened now is because of the unprecedented# actions of former President Donald Trump,## who now faces two federal indictments,# this one in D.C. over January 6,## and another in Florida over materials he# allegedly refused to return to the FBI and## stored at his resort in really unsecure# areas of that facility, Mar-a-Lago.

And so James Pearce said that were the court# to accept Trump's view of his sweeping power,## even post-presidency, it would present a really# frightening, astonishingly frightening future for## the country, that presidents would have a license# to commit crimes and get away with it, basically.

GEOFF BENNETT: We should note that Donald# Trump attended this hearing today.

It's## an indication of how his campaign strategy# is intertwined with You see a courtroom sketch of him there.# What was it like inside the courtroom?

CARRIE JOHNSON: Yes, Trump entered a few# minutes before the hearing began around 9:30.

He was relatively quiet.

He wrote some# notes to his attorneys.

The only thing## people could hear him say was "Should I# sit here or is this where I sit?"

to his## legal team.

And he held his fire until# after he left the courthouse.

He went## to a hotel and then raised concerns about# the political nature of his prosecution.

Of course, there's no evidence that# the current president, Joe Biden,## played any role in this case, none whatsoever.

GEOFF BENNETT: And a ruling could# come within days, as I understa from this three-judge panel.

What happens next?# The losi CARRIE JOHNSON: That's right.

matters how quickly the court directs him# to act to take up an appeal either with a## full D.C.

Circuit Appeals Court or at the Supreme# Court.

Remember, this trial was set to start March 4.

That seems unlikely now.

But prosecutors# do want to get it going before the election.

And how quickly the appeals court rules# and what they say Trump can and can't do## next could determine whether Trump# faces any trials before November.

GEOFF BENNETT: NPR's Carrie Johnson.

Always a pleasure to CARRIE JOHNSON: Thank you.

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