Just Human has an interesting take on this:

United States v. Donald Trump, Court of Appeals for the D.C. Circuit

Just a couple more thoughts on this:

No matter what happens at the appeals level, this thing is headed to SCOTUS.

If Trump wins the appeal, Smith will appeal to SCOTUS.

If Trump loses the appeal, he will appeal to SCOTUS.

If SCOTUS rules Trump does have Presidential Immunity, then the DC case is dead- it’s dismissed.

If SCOTUS rules Trump does not have Presidential Immunity, then it puts every previous, current, and future President at risk of prosecution.
(I think this is the least likely outcome, btw)

If SCOTUS lands in between those two places, acknowledging some Presidential Immunity but not total Immunity, then it’s the best of both worlds: Trump’s legal risk is possibly reduced, and the legal risks to previous, current and future Presidents are increased.

: )

https://t.me/realjust_human/15144

Indeed. But the founding fathers deliberated on the question of presidential immunity, and chose immunity. Why? Because without that level of immunity, then it would be possible for any and all exiting presidents to be charged and legally attacked by following administrations on political grounds, opening the way for a banana republic.

Tricky question.

They don't get immunity for treason. Trump didn't commit treason.

I agree that he can’t be immune. This way he can go back and arrest all the past thugs that were presidents and hold them accountable!