CNN
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Former President Donald Trump is seeking the dismissal of a wide-ranging criminal conspiracy case against him in Georgia, arguing that presidential immunity protects him from prosecution.
Trump’s immunity claims in the Georgia case, filed Monday as part of a motion to dismiss state-level criminal charges against him, are similar to those argued by his defense in the federal election overturn case.
“The indictment in this case accuses President Trump of conduct that is central to his official responsibilities as president. It is prohibited and should be dismissed with prejudice.”
Monday’s filing of the Georgia lawsuit reiterates what the former president’s lawyers have repeatedly argued: Trump was working in his official capacity as president at the time he allegedly undermined the 2020 election results and therefore has immunity. They are repeating what they repeatedly claim they have the right to do.
Mr. Trump’s lawyers argue that the specific conduct in the indictment by Fulton County District Attorney Fani Willis “lies squarely within the ‘periphery’ of the president’s official duties.”
This included President Trump’s public statements regarding the administration of the 2020 election, his communication with the Department of Justice regarding election-related investigations, and his “requirement of the vice president and members of Congress to make public statements consistent with the president’s views on the public interest.” This includes “encouraging employees to fulfill their responsibilities.”
“The president’s official duties include organizing the electoral slate to further his efforts to hold Congress to its responsibilities,” Trump’s lawyers argue.
Trump’s indictment would therefore be unconstitutional in both the Georgia and federal cases, since a president cannot be criminally prosecuted for “official acts” unless he is impeached and convicted by the U.S. Senate.
On Tuesday, the U.S. Court of Appeals for the D.C. Circuit is scheduled to hear arguments from Trump’s lawyers and special counsel Jack Smith on the same two immunity claims, a hearing that Trump himself is expected to attend.
Monday is the deadline for pretrial motions to be filed in the massive Georgia extortion case against Trump and his remaining co-defendants, accused of aiding the former president in trying to overturn the 2020 election results in the state.
Fulton County prosecutors have said they hope to begin the trial in early August 2024, potentially putting Trump in the midst of his presidential campaign if he wins the Republican nomination.
Trump’s lawyers are using the U.S. Constitution’s Supremacy Clause to protect him from criminal prosecution in Georgia.
Trump’s team argues in court filings that state-level judicial systems cannot interfere with federal duties. If the argument is successful, it could expand further in relation to the protections Trump claims he is entitled to under presidential privilege.
“The Supreme Court has held that states cannot use criminal law to interfere with acts that are integral to the functions of the national government.” There is no room for this,” his attorney wrote.
Trump’s lawyers also said the charges should be dismissed because Trump has already been impeached, tried in the Senate, and acquitted for his role in the January 6, 2021 presidential election. filed a motion to dismiss the charges against him on the grounds of double jeopardy. Riot.
Additionally, Trump’s lawyers say the former president “lacked fair notice” that his unsubstantiated claims of widespread election fraud could be criminalized, and the Georgia lawsuit is due process. It argues that the application should be dismissed on the basis of
“Our nation has a long tradition of strong political defense regarding fraud and widespread allegations of fraud in a long list of presidential elections throughout our nation’s history. Trump’s attorneys lacked fair recognition that his advocacy efforts could be criminalized,” Trump’s lawyers wrote.
“Due process precludes courts from applying new interpretations of criminal law to conduct that has not been fairly disclosed to be within the scope of either the law or previous judicial decisions.” added.
This story has been updated with additional details.
