Trump was indicted in August for his role in the January 6, 2021, insurrection and other attempts to overturn the 2020 presidential election. He faces one count each of conspiracy to defraud the United States, conspiracy to corruptly obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against the right to vote.
Trump has pleaded not guilty to all of the charges and has insisted the case should be dismissed altogether. He argues that former presidents can’t be criminally charged for actions related to their official responsibilities. He did not explain how overturning an election was related to official presidential duties.
While many critics say Trump’s immunity claim is a desperate attempt to avoid accountability, it could also be an attempt to ease his path toward increased power. As Greg Sargent wrote for The New Republic, “If he wins on this front, he’d be largely unshackled in a second presidential term, free to pursue all manner of corrupt designs with little fear of legal consequences after leaving office again.”