Trump’s Attorneys Invoke Alexander Hamilton in Bid to Avoid Court Trial on Election Fraud Allegations

Judge Chutkan received a written submission from Former President Trump’s attorneys, Todd Blanche and John Lauro, arguing against his trial for alleged fraud in the 2020 election.

They cited Alexander Hamilton’s writings, claiming that only the Senate, not the court, should try a president to prevent public unrest.

According to a report by Newsweek on Thursday, November 23, 2023, the attorneys quoted Hamilton’s Federalist Papers, asserting that trying a president in court would agitate public passions and lead to divisive factions.

Hamilton’s view, according to the submission, was that a president should undergo an impeachment trial in the Senate before facing a court trial.

Trump, indicted on four counts related to the 2020 election, seeks dismissal based on constitutional grounds.

The attorneys emphasized Hamilton’s perspective, arguing that even the Supreme Court should not handle a president’s trial, echoing Hamilton’s concerns about leaving such decisions to a small group of individuals.

The filing contends that prosecuting a president in court could trigger disputes among pre-existing factions in American society, escalating animosities and partialities.

Quoting Hamilton’s Federalist Papers, the attorneys argued that the seriousness of such decisions warranted a broader, Senate-led process.

They emphasized Hamilton’s stance that a president could be impeached, tried, and, upon conviction of high crimes, removed from office before facing legal prosecution.

In their submission, Trump’s attorneys sought to align their argument with Hamilton’s vision of avoiding the polarization and party-driven conflicts that could arise from trying a president in court.

They maintained that the Federalist Papers provided a historical basis for their claim that the Senate, rather than the court, is the appropriate venue for such proceedings.

The submission also highlighted the potential impact on public unity and stability if the court were to handle the trial, emphasizing Hamilton’s concerns about agitating the passions of the entire community.

It remains to be seen how Judge Chutkan will weigh these constitutional arguments in the context of the charges against Trump.

The attorneys’ reliance on Hamilton’s writings adds a historical dimension to the legal strategy, framing the case as a matter of constitutional interpretation.

As the legal proceedings unfold, the court will grapple with the balance between ensuring justice and heeding the cautionary words of a founding father regarding the trial of a sitting president.

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