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."

Top headlines:

Here's how the news is developing. All times Eastern.
Jan 09, 2024, 9:54 AM EST

Prosecuting a president opens 'Pandora's box,' Trump lawyer says

Echoing the words of Donald Trump, his lawyer D. John Sauer told the court that allowing the prosecution of a former president would open a "Pandora's box."

"To authorize the prosecution of a president for its official acts would open a Pandora's box from which this nation may never recover," Sauer said at the start of his prepared remarks.

"Could George W. Bush be prosecuted for obstruction of an official proceeding for allegedly giving false information to Congress to induce the nation to go to war in Iraq under false pretenses?" Sauer asked. "Can President Obama be potentially charged with murder for allegedly authorizing drone strikes targeting U.S. citizens located abroad?"

In response, Judge Florence Pan asked Sauer if presidential immunity could provide unlimited powers for actions outside a president's official acts.

"You're saying a president could sell pardons, could sell military secrets, could order SEAL Team Six to assassinate a political rival?" Pan said.

Jan 09, 2024, 9:36 AM EST

Hearing is underway

With all participants in place, the hearing has begun.

D. John Sauer, an attorney for Trump, is set to begin arguments on behalf of the former president.

Jan 09, 2024, 9:23 AM EST

Trump arrives in court

Donald Trump's motorcade arrived at the courthouse at 9:15 a.m. ET.

Former President Donald Trump's motorcade arrives to the E. Barrett Prettyman U.S. Courthouse on Jan.9, 2024 in Washington, DC.
Samuel Corum/Getty Images

He entered the building through an underground garage and did not make remarks.

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.