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- Trump's old impeachment defense came back to bite him in Jack Smith's election-interference case.
- Trump's lawyer argued he can't be prosecuted unless Congress had already impeached and convicted him over the act.
- But two judges noted that Trump's impeachment lawyers argued the exact opposite of that in 2021.
Donald Trump's lawyer argued in an appeals court hearing Tuesday that he should be immune from criminal prosecution for his actions while in office unless Congress had already impeached and convicted him first.
But his attorney ran into an immediate issue.