President Joe Biden said on Saturday that he “can’t think of one” reason why presidents should receive immunity in criminal prosecution cases.
Biden’s remark to reporters came while departing the White House for Camp David — the same day that former President Donald Trump asked a federal appeals court to dismiss the federal election subversion case against him. The former president claims he cannot be criminally prosecuted on the grounds of presidential immunity.
TRUMP ASKS FEDERAL APPEALS COURT TO THROW OUT 2020 ELECTION CASE OVER PRESIDENTIAL IMMUNITY
Biden is also facing his own legal case stemming from classified documents found at his Delaware residence and a building in Washington, D.C. Special counsel Robert Hur is overseeing the case, but Biden is not expected to face any charges. The president’s son, Hunter Biden, is facing several criminal charges stemming from long-running Justice Department investigations into his taxes. The younger Biden’s arraignment is set for Jan. 11.
Meanwhile, Trump has argued repeatedly that he was working to “ensure election integrity” in his official capacity as president and, therefore, should have immunity in special counsel Jack Smith’s case against him.
The former president’s lawyers argue that the criminal indictment against their client is unconstitutional, as presidents cannot be criminally prosecuted for “official acts” unless they are convicted by the Senate or impeached.
The Supreme Court declined to skip the appeals court process and weigh in on the issue, instead sending the issue to the middle court for review. Oral arguments in the appeals court are slated for Jan. 9.
With the appeals court deciding on Trump’s claims, it is likely the Supreme Court will receive the case and make the ultimate ruling soon after — possibly delaying the trial further into the general election or later from its March 4 start date.
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Biden’s campaign has worked to frame the 2024 election as a repeat of the 2020 election with higher risks. In a memo circulated last week, the campaign cited Trump’s conduct ahead of Jan. 6, 2021, and portrayed him as a threat to United States democracy, per Bloomberg. The campaign has also capitalized on Trump’s three other legal cases, from which he faces a total of 91 criminal counts, including Smith’s 2020 election case.
The president has declined to weigh in on the Colorado Supreme Court’s decision to bar Trump from the 2024 ballot in the state under a section of the 14th Amendment. However, Biden said on Wednesday that Trump “certainly supported an insurrection” on Jan. 6.
