Trump wants Georgia election tampering case dismissed because of presidential immunity

(CNN) — Former US President Donald Trump is seeking to dismiss a broad criminal conspiracy case against him in Georgia, arguing that presidential immunity shields him from prosecution.

Trump’s immunity arguments in the Georgia case, presented Monday as part of a motion to dismiss state-level criminal charges against the former president, are similar to those chosen by his defense team in the federal electoral subversion case.

“The indictment in this case charges President Trump with acts central to his official responsibilities as President. The indictment is barred by presidential immunity and should be dismissed with prejudice,” the motion filed by Trump’s attorneys said. Georgia.

Monday’s filing in the Georgia case reiterates what the former president’s lawyers have repeatedly asserted: that Trump was exercising his official capacity as president when he allegedly undermined the results of the 2020 election and, therefore, has immunity.

Trump’s lawyer argues that the specific acts in Fulton County District Attorney Fannie Willis’ indictment “fall squarely within the ‘outer perimeter’ of the president’s official duties.”

These include Trump’s public statements regarding his administration of the 2020 election, communications with the Justice Department about election-related investigations, and “urging the vice president and members of Congress to exercise their official responsibilities consistent with the president’s vision of the public. Well.”

“Organizing a slate of voters in support of Congress’s attempt to exercise its responsibilities also falls within the president’s official duties,” Trump’s lawyer argued.

As such, Trump’s impeachment in both the Georgia and federal cases is unconstitutional because presidents cannot be prosecuted criminally for “official acts” unless they are impeached and convicted by the US Senate.

Steve Sado, Trump’s lead attorney in the Fulton County case, also noted in a statement that they had previously tried to dismiss the case on First Amendment grounds, which the courts have not yet ruled on.

This Tuesday, the Washington Circuit Court of Appeals will hear arguments from Trump’s lawyers and special counsel Jack Smith on the same two immunity claims, which Trump himself is scheduled to attend.

Monday is the deadline for Georgia to file pretrial motions in Georgia’s sweeping racketeering case against Trump and others accused of helping the former president attempt to overturn the state’s 2020 election results.

Fulton County prosecutors have said they want the trial to begin as early as August 2024, which would likely be in the middle of Trump’s presidential campaign if he wins the Republican nomination.

Supremacy clause arguments

Trump’s legal team is using the US Constitution’s Supremacy Clause to protect him from criminal prosecution in Georgia.

In court filings, Trump’s team argues that state court systems cannot interfere with federal functions. The argument, if successful, could further expand the protections surrounding the president, even more than the argument Trump believes he should have under presidential immunity.

“The Supreme Court has held that states cannot use their criminal laws to interfere with functions that are inextricably connected with the functioning of the national government. There is no doubt that the election of the President of the United States is connected with the functions of the national government,” his lawyers wrote.

Trump’s legal team also filed a motion to dismiss the double jeopardy charges against him, saying the charge should be dismissed because he had already been impeached and tried in the Senate, where he was acquitted for his role in the September 6 riots. were January 2021.

‘Lack of reasonable notice’ of potential criminal activity

Additionally, Trump’s lawyers argue that the Georgia case should be dismissed on due process grounds, saying the former president lacked “reasonable notice” that his baseless claims of widespread voter fraud could be criminalized.

“Our country has a long tradition of vigorous political advocacy regarding widespread allegations of fraud and irregularities in a long list of presidential elections throughout our history, so President Trump lacked reasonable notice that he could be defended in the event of a 2020 presidential election. Criminal,” Trump’s lawyers said. writes.

He adds, “Due process prohibits courts from applying a de novo construction of a criminal statute that neither the statute nor any prior judicial decision has expressly declared to be within its purview.”