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Although former President Donald Trump’s absolute immunity argument has been rejected more than once in the lower federal courts, it remains to be seen what the U.S. Supreme Court will ultimately decide on the matter. Trump claims that because he was still president in late 2020 and early 2021, he enjoys absolute immunity from prosecution in special counsel Jack Smith’s election interference case — a claim flat-out rejected by Judge Tanya Chutkan, who wrote, in December 2023, that U.S. presidents do not enjoy a “divine right of kings.” And a panel of three judges for the U.S. Court of Appeals …

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