Trump immunity hearing: Lawyer warns of 'frightening future' if Trump wins case

Trump was seeking the dismissal of his federal election interference case.

ByKatherine Faulders, Alexander Mallin, Will Steakin, and Peter Charalambous
Last Updated: January 9, 2024, 12:50 PM EST

A three-judge panel in the Washington, D.C., Court of Appeals heard arguments Tuesday on former President Donald Trump's efforts to dismiss his federal election interference case based on his claim of presidential immunity.

Trump, who in August pleaded not guilty to charges of undertaking a "criminal scheme" to overturn the results of the 2020 election, was seeking the dismissal of the case on the grounds that he has "absolute immunity" from prosecution for actions taken while serving in the nation's highest office.

The former president, who attended the hearing in person, has denied all wrongdoing and denounced the election interference charges as "a persecution of a political opponent."

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Here's how the news is developing. All times Eastern.
Jan 09, 2024, 9:08 AM EST

Jack Smith and his legal team arrive in court

Special counsel Jack Smith and his legal team have entered the courtroom for today's arguments before the D.C. Circuit Court of Appeals.

Smith is with his top prosecutor in the case, Thomas Windom, as well as Michael Dreeben, a former deputy solicitor general who recently joined Smith's team to assist in arguing through the appeals process.

Former President Trump has not yet entered the courtroom ahead of the 9:30 a.m. ET hearing.

Jan 09, 2024, 6:09 AM EST

Trump plans to attend today's hearing

Donald Trump plans to attend today's arguments on his efforts to dismiss his federal election interference case, the former president said in a social media post early Monday.

It will be the first time that Trump appears at the federal courthouse in Washington, D.C., since his arraignment on federal election subversion charges in August, when he pleaded not guilty to all charges.

Trump, who is seeking the dismissal of the case based on presidential immunity, wrote on social media, "Of course I was entitled, as President of the United States and Commander in Chief, to Immunity. I wasn't campaigning, the Election was long over. I was looking for voter fraud."