Trump seeks dismissal of Georgia election subversion case, claiming presidential immunity.
As per CNN Politics – Donald Trump, the former President, is seeking to dismiss the extensive criminal conspiracy case against him in Georgia by invoking presidential immunity as a protective shield from prosecution.
In a motion filed on Monday to dismiss the state-level criminal charges, Trump’s legal team asserts that the indictment against him revolves around actions integral to his official responsibilities as President. According to the motion, the charges are deemed unconstitutional due to presidential immunity, urging for their dismissal with prejudice.
The filing underscores the argument that Trump, in his capacity as president, was engaged in activities related to undermining the 2020 election results, thereby warranting immunity. The lawyer contends that the acts specified in Fulton County District Attorney Fani Willis’ indictment fall within the “outer perimeter” of the President’s official duties. This includes public statements on the election, interactions with the Justice Department, and encouraging officials to align with his views on the public good.
Trump’s defense maintains that both the Georgia and federal indictments are unconstitutional, as criminal prosecution for “official acts” is prohibited unless the President is impeached and convicted by the US Senate.
Steve Sadow, lead counsel for Trump in the Fulton County case, noted a prior attempt to dismiss the case on First Amendment grounds, yet the courts have not ruled on this aspect.
On Tuesday, the DC US Circuit Court of Appeals is set to hear arguments on Trump’s claims of immunity, with Trump himself scheduled to attend. The deadline for pre-trial motions in the Georgia racketeering case, involving Trump and co-defendants, falls on Monday.
Trump’s legal team is relying on the supremacy clause of the US Constitution to shield him from prosecution in Georgia, arguing that the state-level justice system should not interfere with federal duties. They also seek dismissal on double jeopardy grounds, citing Trump’s acquittal in the Senate trial related to the January 6, 2021, riots.
Additionally, Trump’s lawyers argue for due process, claiming that the former president was not given fair notice that his assertions of election fraud could lead to criminal charges. They contend that political advocacy concerning election irregularities has a historical precedent, and therefore, Trump lacked fair notice of potential criminalization.
