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Historic impeachment in US: Trump seeks to avoid investigation into attack on Capitol by seeking presidential impeachment

Historic impeachment in US: Trump seeks to avoid investigation into attack on Capitol by seeking presidential impeachment

The high court's decision will not only affect the pending criminal trial in Washington, but also Trump's process in Florida (REUTERS/Brian Snyder/File Photo)

The US Supreme Court will hold an unprecedented hearing on Thursday to hear arguments for and against the initiative Donald Trump to shield himself from prosecution for the attack on the Capitol by claiming criminal immunity for being the country's president.

The high court's decision will affect not only the pending criminal trial in Washington, but Trump's process in Florida for obtaining classified documents and his process in Georgia for trying to nullify elections in that state.

It will set the course for the election campaign for the Nov. 5 elections, in which the Republican Party will rematch the incumbent, the Democrat. Joe Biden.

A question for the Supreme Court to decide Does a former president enjoy presidential immunity? Before a Criminal prosecution for official acts done during his mandate.

The Republican defense has asked that four criminal charges against the New York president be dismissed for his alleged efforts in Washington. Revise Election Results 2020 and instigated an attack on the Capitol in 2021, claiming he was immune to being president.

Both the judge in the case and the appeals court rejected the petition, so Trump elevated the case to the Supreme Court, which he admitted to reviewing in February.

While no criminal charges have ever been brought against a former president, the country's highest judicial authority has never ruled on such a matter.

Republican defense has asked Washington to dismiss four criminal charges against the New York president for trying to alter the results of the 2020 election and instigating an attack on the Capitol in 2021 (Europe Press/Communication/Lev Radin).

The Judiciary in the United States establishes that Incumbent Presidents cannot be criminally prosecuted Separation of powers between executive and judiciary should not be violated.

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Trump's lawyers argue that while they are former presidents, they should also enjoy that immunity, otherwise presidents would not be free to make their decisions for fear of being judged when they leave office.

Jack SmithThe prosecuting attorney maintains that No one is above the law And the fact that no other former president in history has ever been impeached proves that Trump's behavior is unprecedented.

In separate letters to the Supreme Court, the defense and prosecution have invoked the image of the former president. Richard Nixon (1969-1974), sued by an Air Force employee who was unfairly dismissed by the President.

In that case, the Supreme Court ruled that in 1982, when Nixon was not in the White House, former presidents could not be sued civilly for their actions while in office.

Trump argues that if former presidents are immune from civil proceedings, they should be immune from criminal ones, as these represent an enormous intrusion on presidential independence.

But Smith says of the apology Nixon received from his successor, Gerald FordWhen faced with any possible charge of corruption WatergateIt led to his resignation in 1974, showing that former presidents could be prosecuted.

The Supreme Court usually issues its rulings in June before the summer recess, but the government is pushing for a quick decision to restart preparations for the trial on the attack on the Capitol, which is due to start on March 4.

Trump's strategy, on the other hand, is to delay all judicial processes until after the November elections, when he could order the Justice Department to drop federal charges against him if he returns to the White House.

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The high court, which has three of the nine justices appointed by Trump, was already a victory for Republicans as it delayed the judicial calendar.

(with information from EFE)