Trump to return to federal court as judges hear arguments on whether he is immune from prosecution

WASHINGTON (AP) — Donald Trump is set to return for the first time in months to the federal courthouse in Washington as an appeals court hears arguments Tuesday on whether the former president is immune from prosecution on charges that he plotted to overturn the results of the 2020 election.

The outcome of the arguments carries enormous ramifications both for the landmark criminal case against Trump and for the broader, and legally untested, question of whether an ex-president can be prosecuted for acts committed in the White House. It will also likely set the stage for further appeals before the U.S. Supreme Court, which last month declined a request to weigh in but could still get involved later.

A swift decision is crucial for special counsel Jack Smith and his team, who are eager to get the case — now paused pending the appeal — to trial before the November election. But Trump’s lawyers, in addition to seeking to get the case dismissed, are hoping to benefit from a protracted appeals process that could delay the trial well past its scheduled March 4 start date, including until potentially after the election.

Underscoring the importance to both sides, Trump intends to attend Tuesday’s arguments even though the Iowa caucuses are just one week away and despite the fact that there’s no requirement that defendants appear in person for such proceedings. It will be his first court appearance in Washington, one of four cities where he faces criminal prosecutions and potential trials, since his arraignment in August.

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