Government officials in five Republican administrations oppose Trump immunity claim

U.S. v. Donald J. Trump, D.D.C.

Table of contents in the CADC

ARGUMENT ...........................................................................................10 

I. The Defendant Has No Immunity from Federal Criminal Prosecution. ...........................................................11 

A. Separation-of-powers analysis provides no support for immunizing a former President from federal criminal prosecution. ...................................................12 

B. Constitutional text, historical practice, and other immunity doctrines do not support the defendant’s contrary claim. .............................................................29 

C. Even if separation-of-powers principles limited the federal prosecution of a former President in some USCA Case #23-3228 Document #2033810 Filed: 12/30/2023 Page 3 of 82 iii unusual circumstances, those principles would not require dismissal here..................................................45 

D. Even if a former President were entitled to immunity from criminal prosecution comparable to his immunity from civil liability, dismissal is not warranted here.............................................................49 

II. The Defendant’s Acquittal at an Impeachment Trial Does Not Bar This Prosecution. 

An unusual group of amici - officials from five Republican administrations - has filed a friend of the court brief in the Court of Appeals for the District of Columbia Circuit   opposing Donald Trump's claims of immunity from prosecution.  The court will hear the issue on January 9. That expedited schedule is likely at least part of the reason the Supreme Court denied Jack sith's motion to grant certiorari before judgment.

- GWC