Trump warns to prosecute Biden if re-elected as judges remain skeptical of his immunity claim

Before appearing in a federal appeals court hearing in Washington, DC on Tuesday, former US President Donald Trump threatened to prosecute his successor Joe Biden if he returns to the White House.

"If I don't get immunity then crooked Joe Biden doesn't get immunity," Trump said in a video posted on social media. "Joe would be ripe for indictment. This comes as appeals court is probing the limits of Trump's broad immunity claim in 2020 election case as his lawyers argued to judges that he was immune from prosecution on charges that he plotted to overturn the results of the 2020 election.

Trump, who lost to Biden in the 2020 election, has established a commanding lead over his competitors for the Republican presidential nomination. The Iowa contest on Monday is anticipated to be an easy win for him.

Trump's lawyer says criminal probe would not be possible without House's impeachment

During heated oral arguments on Tuesday, a federal appeals court questioned the boundaries of a wide claim of presidential immunity made by Trump. His attorney argued that presidents are exempt from criminal prosecution for activities performed while in office, unless they are first impeached by the House and found guilty by the Senate.

The US Court of Appeals for the District of Columbia Circuit, a panel of three judges, questioned whether the same reasoning would hold up in the event if the president carried out several unlawful deeds, such as ordering the assassination of a political opponent or selling pardons.

“Could a president order SEAL Team Six to assassinate a political rival? That is an official act, an order to SEAL Team Six,” Appeals court Judge Florence Pan asked to Trump's attorney.

John Sauer, Trump's lawyer, contended that a criminal investigation would not be possible without the House's impeachment and the Senate's conviction.

Special Counsel cautions court against Trump's attorney view

A member of special counsel Jack Smith's team, James Pearce cautioned the court that adopting Sauer's interpretation of a former president's criminal liability after being impeached and found guilty by both chambers of Congress is "wrong for textual, structural, historical reasons, and a host of practical ones."

“Never in our nation's history until this case has a president claimed that immunity from criminal prosecution extends beyond his time in office “The president has a unique constitutional role, but he is not above the law,” Pearce told the court.

"It would mean that if a former president engages in assassination, selling pardons, these kinds of things and then isn't impeached and convicted, there is no accountability for that individual," he stated.

As the lower court has already ruled that Trump is not completely immune from prosecution, Sauer requested the DC court, if it rules against Trump and allows the prosecution by Smith to proceed, to postpone its decision in order so that the former president could appeal to either the full D.C. Circuit or Supreme Court.

Judges remain skeptical of Trump's absolute immunity claim

During the roughly 90-minute hearing, the three-judge panel at the US Court of Appeals for the DC Circuit expressed particular skepticism with the claim that he had absolute immunity from prosecution.

“I think it is paradoxical to say that his constitutional duty to take care that the laws be faithfully executed allows him to violate criminal law,” the circuit judge Karen Henderson, a George HW Bush appointee, told Trump’s attorney Sauer.

After the court hearing, Trump addressed the media and reiterated that “I feel that as a president, you have to have immunity, very simple.”

"You can’t have a president without immunity," he added. "You have to have, as a president, you have to be able to do your job.”