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Yoon's team claims immunity from insurrection charges, citing Trump ruling

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Bae Jin-han, center, one of the impeached President Yoon Suk Yeol's legal representatives, arrives at the courtroom in the Constitutional Court for a preparatory hearing, Seoul, Jan. 3. Yonhap

Bae Jin-han, center, one of the impeached President Yoon Suk Yeol's legal representatives, arrives at the courtroom in the Constitutional Court for a preparatory hearing, Seoul, Jan. 3. Yonhap

The legal team of suspended President Yoon Suk Yeol claimed Friday that Yoon's impeachment trial does not warrant a ruling as he should have immunity from prosecution, citing the U.S. Supreme Court's ruling on Donald Trump.

In a document presented to the Constitutional Court in Yoon's impeachment trial, the legal team said Yoon exercised his due presidential power to handle a "national emergency situation" while declaring martial law on Dec. 3.

"As martial law was lifted in six hours, it did not restrict the people's basic rights," the document read. "Things were fully restored so that there is no need to judge the declaration itself."

Yoon's side pointed to the U.S. court ruling in July last year that said Trump cannot be prosecuted for actions that were within his constitutional powers as president.

In a 6-3 ruling, the justices threw out a lower court's decision that had rejected Trump's claim of immunity from multiple criminal charges, including his moves to undo his election failure to Joe Biden. It was the first decision recognizing any form of presidential immunity from prosecution.

Yoon has said his martial law imposition was an act of governance and cannot be subject to a court judgment.

The Constitutional Court said it would hold the first oral arguments for Yoon's impeachment trial on Jan. 14, as it wrapped up its preparatory proceedings earlier in the day.

On Dec. 14, the National Assembly voted to impeach Yoon. The Constitutional Court has up to 180 days to determine whether to remove Yoon from office or restore his powers.

Yoon is under probe for inciting an insurrection and abusing his presidential power with the martial law declaration. (Yonhap)



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