Trump is seeking to dismiss the Georgia election tampering case as impeachable
(CNN) — Former US President Donald Trump is seeking to dismiss a wide-ranging criminal conspiracy case against him in Georgia, arguing that presidential immunity shields him from prosecution.
Trump's immunity arguments in Georgia case Delivered this Monday As part of a motion to dismiss state-level criminal charges against the former president, it is similar to those chosen by his defense team in a federal election tampering case.
“The indictment in this case charges President Trump with acts that are at the heart of his official responsibilities as president. The indictment is barred by presidential immunity and must be dismissed with prejudice,” Trump's lawyer said in a filing. Georgia.
Monday's filing in the Georgia case reiterates what the former president's lawyers have said repeatedly: Trump was exercising his official capacity as president when he allegedly tried to undermine the results of the 2020 election, and therefore has immunity.
Trump's lawyer argues that the specific actions in Fulton County District Attorney Fannie Willis' indictment “fall squarely within the 'outer bounds' of the president's official duties.”
This includes the administration of the 2020 election, communications with the Department of Justice regarding election-related investigations, and urging the vice president and members of Congress to carry out their official responsibilities in a manner consistent with the president's vision for the public. Good.
“The president's official duties include organizing voters in support of Congress's efforts to fulfill its responsibilities,” Trump's lawyer argues.
Trump's impeachment was unconstitutional in both the Georgia and federal cases. Because Presidents cannot be criminally prosecuted for “official acts” unless impeached and convicted by the US Senate.
Trump's lead attorney in the Fulton County case, Steve Sato, also noted in a statement that they previously sought to dismiss the case on First Amendment grounds, which the courts have yet to decide.
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, in a hearing Trump himself is scheduled to attend.
Monday is the deadline to file pretrial motions in Georgia's widespread fraud case against Trump and others accused of helping the former president sway the state's 2020 election results.
Fulton County prosecutors have said they want to open the trial as early as August 2024, which could be directly in the middle of Trump's presidential campaign if he wins the Republican nomination.
Dominant Sect Arguments
Trump's legal team is using the Supremacy Clause of the US Constitution to shield him from criminal prosecution in Georgia.
In court filings, the Trump team argues that the state court system cannot interfere with federal functions. The argument, if successful, could further expand the protections surrounding the presidency, rather than Trump arguing that he believes he should be under presidential immunity.
“The Supreme Court has held that states cannot use their criminal law to interfere with activities inextricably related to the activities of the national government. There is no doubt that the election of the President of the United States is related to the activities of the national government,” his lawyers wrote.
Trump's legal team also filed a motion to dismiss the charges against him for double jeopardy, saying the charge should be dismissed because he had already been indicted and tried by the Senate and acquitted for his role in the September 6 riots. January 2021.
'No reasonable notice' of possible criminal activity
Additionally, Trump's lawyers are arguing that the Georgia case should be dismissed on due process grounds, saying the former president had “no reasonable notice” that unfounded claims of widespread voter fraud could be criminalized.
“Our country has a long tradition of strong political advocacy regarding widespread allegations of fraud and irregularities in a long list of presidential elections throughout our history, and therefore, President Trump has not justified his defense in the case of the 2020 presidential election. It has been criminalized,” Trump's lawyers write.
“Due process prohibits courts from applying a new construction of a criminal statute that does not reasonably reveal that the statute or any prior judicial decision is within its scope,” they add.