It’s not outlandish enough to have his attorneys sanctioned for making a frivolous argument, but only because criminal defendants are allowed to grasp at straws. It’s a deeply unserious argument with no textual or historical support and isn’t going to pass muster among even the worst judges. It’s not even going to meaningfully delay his trial. It’s just fodder for his political supporters so he can pretend that he isn’t a criminal because apparently l’etat, c’est moi.