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No this is absolutely not frivolous, but even if it was, it should be up to the court to decide on normal terms. Trump is not the President of USA anymore.
How this is in any way considered a matter for supreme court is very weird IMO. I'm not an American, but it sounds unconstitutional to even ask.
Just asking the question, is putting Trump above the law to some degree.
No, it's preemptively nipping any appeals shenanigans that Trump's legal team might try, leading up to the election.
The Dept. of Justice has a policy against indicting sitting Presidents but not necessarily former Presidents. Trump's lawyers are basically saying that since he was a sitting President during Jan 6, 2021, they shouldn't be able to indict him now that he's not longer a sitting President.
Right now they are spending a lot of time deciding whether Trump, when speaking to the masses was acting as a President or if he was campaigning for his new term as a private citizen, as well as, whether anyone but the actual sitting President at the time can even answer that question.
Trump's lawyers, at this moment, do not necessarily need to prove that the act isn't treason but only that he was the President and was acting as a President with his statements. If that entire line of defense is taken away, it severely weakens Trump's current defense strategy.