Updated Jan 8, 2024 - Politics & Policy

Trump to attend federal appeals court hearing on presidential immunity

Republican presidential candidate and former U.S. President Donald Trump gestures to guests at a campaign event on December 19, 2023 in Waterloo, Iowa.

Republican presidential candidate and former President Trump gestures during a December campaign event in Waterloo, Iowa. Photo: Scott Olson/Getty Images

Former President Trump said Monday he'll attend a federal appeals court hearing in Washington, D.C., this week on his claim that he has presidential immunity from prosecution.

The big picture: Republican presidential primary front-runner Trump has made the legally untested argument that he should have "absolute immunity" from charges that he plotted to overturn the 2020 election — one of four criminal indictments he faces.

What he's saying: "Of course I was entitled, as President of the United States and Commander in Chief, to Immunity," Trump said in a post to his Truth Social platform early on Monday.

  • Trump also suggested that if he wins in November, he'd have Biden indicted.
  • "If I don't get Immunity, then Crooked Joe Biden doesn't get Immunity," he wrote. He then blasted Biden for the record surge of migrants at the U.S. southern border, the chaotic 2021 U.S. withdrawal from Afghanistan and alleged shady business practices with foreign countries.
  • "Joe would be ripe for Indictment," he added.

Flashback: The U.S. Supreme Court last month rejected special counsel Jack Smith's request to immediately fast-track consideration on the matter — raising the possibility that his federal 2020 election trial stretches beyond the scheduled March 4 start date.

Go deeper: Trump's courtroom and campaign calendar collision is here

Editor's note: This article has been updated with new details throughout.

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