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Former President Donald Trump

Photo: Tannen Maury / AFP

In a U.S. appeals court in Washington, special counsel Jack Smith's team has asked judges to reject former President Donald Trump's request for criminal immunity. "The president has a unique constitutional role, but he's not above the law," Smiths investigator James Pearce said in a hearing, CNN reported from the courtroom.

The appeals court is expected to clarify whether Trump can be prosecuted at the federal level for his attempts to overturn the election results of the 2020 presidential election – or whether he is protected by his immunity as president. Trump's lawyers argue that the Republican cannot be legally prosecuted for actions they count among his duties as president. The three judges of the appeals court seemed skeptical of Trump's arguments, according to the New York Times.

Majority of Americans in favor of criminal prosecution

Trump is indicted in Washington in connection with attempted voter fraud and the storming of the U.S. Capitol on January 6, 2021. His lawyers had requested that the charges be dropped. However, the judge responsible for the proceedings had rejected the application. Trump's team appealed against this decision, which is why an appeals court is now dealing with the question.

The 77-year-old had appeared in person at the court hearing, according to the press present. Smith had also come to the courtroom for the hearing.

Smith, who is leading the investigation, had tried to circumvent the appeals court. He turned directly to the Supreme Court and asked it to clarify the issue quickly. However, the Supreme Court rejected this request. Therefore, the appeal has to make its way through the instances, which can drag on. It can be assumed that the case will end up back in the Supreme Court after the decision of the Court of Appeal.

According to a recent poll, most Americans do not believe that former President Donald Trump should go unpunished for his actions during his presidency. In a January CBS News/YouGov poll, 64 percent of U.S. adults said Trump should not have immunity. Both an 86 percent Democratic majority and about two-thirds of independent voters believe Trump should not enjoy immunity, while 69 percent of Republicans are in favor of it, according to CNN.

czl/dpa