Donald Trump is calling on a federal appeals court to dismiss the criminal case related to federal election subversion in Washington, DC, asserting presidential immunity. In a filing on Saturday, Trump’s lawyers reiterated their argument that he was acting in his official capacity as president to “ensure election integrity” during the 2020 election, thus qualifying for immunity. They contend that Trump’s indictment is unconstitutional since criminal prosecution of presidents for official acts requires impeachment and conviction by the Senate.

The former president seeks to overturn a lower-court ruling that rejected his immunity claims. Despite the Supreme Court refusing to expedite the case, the DC Circuit Court of Appeals is fast-tracking its consideration and is scheduled to hear oral arguments on January 9. Trump aims to delay the trial scheduled for March 4, emphasizing his fight over the immunity claim.

In the filing, Trump’s attorneys asserted that the Constitution establishes a critical check against the abuse of criminal prosecution to disable the president, arguing that Congress must approve such judgment through impeachment and conviction. They warned that Trump’s indictment, if upheld, could lead to cycles of recrimination and politically motivated prosecutions, impacting the nation for decades.

This legal battle underscores the tension between Trump’s claims of immunity and the criminal accountability governing other citizens. District Judge Tanya Chutkan, overseeing the case, had previously rejected Trump’s immunity assertions, emphasizing that his service as Commander in Chief did not grant him exemption from criminal accountability. The appeals court’s ruling on the immunity issue will play a crucial role in the trial’s proceedings.