Donald Trump, the former president, is attempting to have the broad criminal conspiracy case against him dismissed in Georgia by claiming he is immune from prosecution due to presidential immunity.
As part of a move to drop state-level criminal charges against the former president, Trump’s immunity claims in the Georgia case were submitted on Monday. These arguments are identical to those made by his defence team in the federal election subversion case.
“This indictment accuses President Trump of conducting acts that are essential to his official responsibilities as the head of state.According to the motion submitted by Trump’s attorney in the Georgia case, “the indictment is barred by presidential immunity and should be dismissed with prejudice.”
The submission on Monday in the Georgia lawsuit supports the claims made by the former president’s attorneys on several occasions, namely that Trump was acting in his official role as president at the time of his purported interference with the 2020 election outcomes and is thus entitled to immunity.
The precise activities listed in Fulton County District Attorney Fani Willis’ indictment, according to Trump’s legal team, “lie squarely within the ‘outer perimeter’ of the President’s official duties.”
Trump’s public remarks regarding the 2020 election administration, his correspondence with the Justice Department regarding election-related investigations, and his “urging the Vice President and Members of Congress to exercise their official responsibilities consistent with the President’s view of the public good” are all examples of this.
Trump’s attorney contends that “assembling lists of electors in support of that endeavour to have Congress fulfil its duties also falls within the President’s official duties.”
As a result, Trump’s indictment in the federal and Georgian cases is illegal since the US Senate must impeach and convict a president before they may be charged with a crime for “official acts.”
Trump is scheduled to attend the hearing on Tuesday, when the DC US Circuit Court of Appeals will hear arguments from the legal teams for Trump and special counsel Jack Smith on the same two claims of immunity.
In the extensive Georgia racketeering case against Trump and the other co-defendants charged with aiding the former president in his attempt to void the state’s 2020 election results, Monday is the deadline for filing pre-trial motions.
