Takeaways from the appeals court hearing on Donald Trump’s immunity claims

CNN —

A federal appeals panel expressed deep skepticism Tuesday toward Donald Trump’s argument that he can’t be prosecuted for trying to overturn the 2020 election, raising the potentially extreme implications of absolute presidential immunity.

Trump’s lawyers argued that his federal election subversion indictment should be dismissed because he is immune from prosecution. But the three judges on the US Court of Appeals for the District of Columbia Circuit panel questioned whether this immunity theory championed by Trump’s lawyers would allow presidents to sell pardons or even assassinate political opponents.

WATERLOO, IOWA - DECEMBER 19: Republican presidential candidate and former U.S. President Donald Trump looks on during a campaign event on December 19, 2023 in Waterloo, Iowa. Iowa Republicans will be the first to select their party's nomination for the 2024 presidential race, when they go to caucus on January 15, 2024. (Photo by Scott Olson/Getty Images)

Trump’s appeals hearing on presidential immunity claims

Special counsel Jack Smith’s team argued that a president is not above the law, warning that allowing presidential immunity from prosecution would open a “floodgate” and saying that it would be “awfully scary” if there were no criminal mechanism to stop future president’s from usurping the vote and remaining in power.

Still, the judges also wondered if they even have jurisdiction to decide the question of presidential immunity at this point in the case. Trump is scheduled to go on trial in March for his role in trying to overturn the 2020 election. He has pleaded not guilty.

Trump chose to attend the hearing – a reminder of the role that his four criminal indictments are playing in his presidential