Appeals court judges skeptical of Trump's immunity appeal in election interference case

January 09, 2024

Special counsel Jack Smith has asked the court to move quickly, a bid to keep the trial on schedule. Judge Florence Pan immediately peppered Trump's lawyer with hypothetical situations in which, under Trump's theory, presidents could not be prosecuted. U.S. District Court Judge Tanya Chutkan in December denied Trump’s attempt to dismiss the indictment on presidential immunity and other constitutional grounds. Smith countered in his own court papers that the Constitution clearly states that a president who is successfully impeached can also face criminal prosecution. The appeals court panel is comprised of one Republican appointee, Judge Karen Henderson, and two Democratic appointees, Pan and Judge Michelle Childs.