A three-judge panel during a hearing Tuesday appeared broadly skeptical of former President Trump’s claims that he enjoys broad presidential immunity from prosecution on charges related to the 2020 presidential election.
Trump’s lawyers took a firm position, arguing former presidents such as Trump can only face prosecution if they are first impeached and then convicted by the Senate. They have asked the court to toss the case entirely.
But the three-judge panel appeared poised to reject those arguments, warning that Congress may not always choose to impeach a president for unlawful conduct, and that such a stance would prohibit prosecutors from later acting on new evidence of crimes if it went unweighted by the Senate.
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