As part of Donald Trump’s submission to the DC Court of Appeals in his ongoing attempt to get his DC federal case tossed out, his lawyers go back to two widely-dismissed arguments: that he is immune from prosecution and that he was already acquitted by the Senate so he cannot get tried again. No way, no how.
On December 1, 2023, the district court issued its Memorandum Opinion and Order. First, the district court wrongfully held that a former President has no immunity from prosecution for official acts performed while in office. The court did not address whether any of the conduct alleged in the indictment falls within the scope of the President’s official duties. The district court also incorrectly held that “neither traditional double jeopardy principles nor the Impeachment Judgment Clause” prevent the prosecution of a President who has been impeached and acquitted by the Senate.