Trump Seeks Dismissal of Georgia Election Subversion Case, Citing Presidential Immunity
Trump aims to dismiss Georgia election subversion case, claiming presidential immunity shields him from prosecution in the sweeping criminal conspiracy charges against him
The former President, Donald Trump, is attempting to have the extensive criminal conspiracy case against him in Georgia dismissed by claiming immunity from prosecution due to his status as a former president. This immunity argument, filed on Monday as part of a motion to dismiss state-level criminal charges, mirrors the defense used in the federal election subversion case.
The charges against President Trump in this case pertain to actions that are essential to his role as President. The motion filed by Trump's lawyer argues that the indictment should be dismissed with prejudice on the basis of presidential immunity. In the recent filing for the Georgia case, Trump's lawyers continue to assert that Trump's actions were carried out in his official capacity as president, thereby qualifying for immunity.
Trump's attorney contends that the actions mentioned in Fulton County District Attorney Fani Willis' indictment are squarely within the scope of the President's official duties. This encompasses Trump's public statements regarding the 2020 election administration, interactions with the Justice Department regarding election-related investigations, and encouragement of the Vice President and Members of Congress to act in accordance with the President's perspective of the public good.
Trump's lawyer argues that organizing slates of electors to urge Congress to fulfill its responsibilities is within the President's official duties. Therefore, the indictment against Trump in both the Georgia and federal cases is deemed unconstitutional since presidents cannot face criminal prosecution for "official acts" unless they are impeached and convicted by the US Senate.
The DC US Circuit Court of Appeals will be hearing arguments on Tuesday from Trump's attorneys and special counsel Jack Smith regarding the same two claims of immunity. Trump is expected to attend the hearing himself. The deadline for pre-trial motions in the Georgia racketeering case against Trump and his co-defendants, who are accused of attempting to overturn the 2020 election results in the state, is on Monday.
Fulton County prosecutors are pushing for the trial to start in early August 2024, potentially aligning with Trump's presidential election campaign if he secures the Republican nomination. This story has been revised to include more information.
