GOP ex-officials tell appeals court Trump’s 'dangerous' immunity argument promotes 'criminal conduct'

Former President Donald Trump has been claiming that he enjoys "absolute immunity" from prosecution in special counsel Jack Smith's election interference case — a claim that Judge Tanya Chutkan flat-out rejected, stressing that presidents do not enjoy a "divine right of kings." Trump has appealed Chutkan's ruling, but a group of conservative Republicans who worked for GOP presidents in the past is strongly urging a federal appeals court in Washington, D.C. to reject Trump's "absolute immunity" claim.

Paul Squire and Jacob Shamsian of Business Insider report that in a strongly worded amicus brief accepted on Tuesday, December 26, the Republicans "said siding with Trump would 'encourage' future presidents to commit crimes and stage coups to remain in power."

The former officials wrote, "Nothing in our Constitution, or any case, supports former President Trump's dangerous argument for criminal immunity."

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The Republicans, according to Business Insider, told the appeals court that accepting Trump's "absolute immunity" argument would encourage future coup attempts.

Smith asked the U.S. Supreme Court for an expedited review of Trump's "absolute immunity" argument — a request the justices denied. However, that doesn't necessarily mean the High Court won't address the matter eventually, only that they are keeping it in the lower federal courts for now.

The Republicans in the amicus brief include former Deputy Attorney General Donald Ayer and J. Michael Luttig, a conservative retired judge who believes that Trump is ineligible to seek the presidency in 2024 under Section 3 of the U.S. Constitution's 14th Amendment — as Section 3 bars "officers" who have engaged in "insurrection" from running for office.

In the amicus brief, the Republicans argue that Trump has made an "especially weak case" for "absolute immunity" and write, "The last thing presidential immunity should do is embolden Presidents who lose reelection to engage in criminal conduct, through official acts or otherwise, as part of efforts to prevent the vesting of executive power required by Article II in their lawfully-elected successors."

READ MORE: New Jack Smith filing includes list of Trump arguments that 'must be excluded' from courtroom

Business Insider's full report is available at this link.