Trump asks Georgia judge to dismiss election interference case citing presidential immunity
OAN’s Elizabeth Volberding
12:40 PM – Monday, January 8, 2024
Former President Donald Trump has asked a Georgia judge to drop the case against him alleging that he interfered with the election. Trump claims that he was carrying out his official duties as president and was therefore exempt from criminal prosecution.
On Monday, Trump’s legal team filed several new motions in Georgia attempting to remove the Fulton County election interference case against him on subjects that include presidential immunity, which they claim “shields him from criminal prosecution.”
In a recent motion, Trump’s legal team contended that the indictment’s allegations, which allege that the former president and 18 others were part of a criminal organization determined to keep him in office following his loss in the 2020 election, falls within the “outer perimeter” of his official presidential duties.
According to Trump’s attorney Steve Sadow, the historical habit over 234 years verifies the ability to indict a current or former president for his official acts that “do not exist.”
“Historical practice over 234 years confirms that the power to indict a current or former President for official acts does not exist,” Trump’s team stated in its 67-page motion. “The indictment in this case charges President Trump for acts that lie at the heart of his official responsibilities as President. The indictment is barred by presidential immunity and should be dismissed with prejudice.”
“Such immunity is particularly appropriate for the President because the Presidency involves especially sensitive duties, requires bold and unhesitating action, and would be crippled by the threat of politically motivated prosecutions,” Sadow argued.
Trump has been confronted with 13 charges in Fulton County, such as a state Racketeer Influenced and Corrupt Organizations (RICO) count charged against each of his co-defendants.
Trump has pleaded not guilty to the charges.
Trump’s legal team asserted that the president’s “official duties” include coordinating with state officials about the administration of the 2020 election, assembling slates of electors, and pressing former Vice President Mike Pence and other members of Congress to certify each of those electors.
“Making statements to the public on matters of national concern — especially matters involving core federal interests, such as the administration of a federal election — lies in the heartland of the President’s historic role and responsibility,” Sadow stated.
Fulton County District Attorney Fani Willis has depicted Trump’s actions as a “pressure campaign” against state authorities who he wanted to revoke his defeat.
In addition, Willis portrayed the former president’s efforts as arranging a group of 16 Georgians to “serve as fake electors and say that he had won the state.”
The former president’s counsel contended that he “lacked fair notice” that his fraudulent allegations of election fraud “could be criminalized” and that the United States Senate’s impeachment and subsequent pardon on grounds relating to the “same course of conduct” should ban further legal action.
In a prior statement, Sadow described Willis’ prosecution of Trump as “politically based” and referred to the dismissal motions as “persuasive” and “meritorious.”
The recent motions come as the former president is in the process of battling legal issues over his presidential immunity allegations in his federal election interference case in Washington, D.C. He is anticipated to be in attendance when the D.C. Court of Appeals hears assertions in that case on Tuesday.
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What are the potential implications of this case on the extent of presidential immunity for future cases involving former presidents
Title: Former President Trump Seeks Presidential Immunity in Georgia Election Interference Case
Introduction:
In a recent development, former President Donald Trump has requested a Georgia judge to dismiss the case against him, which alleges interference with the 2020 election. Trump’s legal team argues that he was acting within the scope of his duties as president, and therefore, is immune from criminal prosecution. This article explores the new motions filed by Trump’s legal team and the implications of claiming presidential immunity.
Background:
On Monday, Trump’s legal team filed multiple motions in Georgia, seeking to have the Fulton County election interference case dropped. The motions focus on asserting presidential immunity, stating that it shields Trump from criminal prosecution. According to a motion filed by Trump’s attorney, Steve Sadow, historical practice over 234 years supports the notion that a current or former president cannot be indicted for official acts that do not exist.
Presidential Immunity and Official Duties:
The 67-page motion put forth by Trump’s legal team argues that the allegations levied against the former president and 18 others fall within the bounds of his official presidential duties. Trump’s team claims that the indictment charges him for acts central to his responsibilities as president and should be dismissed based on presidential immunity. They further argue that the presidency involves sensitive duties, requiring bold action, and would be hindered by politically motivated prosecutions.
Charges and Not Guilty Plea:
Trump faces 13 charges in Fulton County, including a state racketeer influenced and corrupt organizations (RICO) count charged against each co-defendant. He has pleaded not guilty to these charges. Trump’s legal team asserts that his official duties included coordinating with state officials regarding the administration of the 2020 election, assembling slates of electors, and urging Vice President Mike Pence and Congress members to certify the electors.
Response from Fulton County District Attorney:
Fulton County District Attorney Fani Willis characterizes Trump’s actions as a “pressure campaign” aimed at state authorities to overturn his defeat. Additionally, Willis claims that Trump orchestrated a group of 16 Georgians to falsely claim victory in the state. However, Trump’s counsel argues that he lacked fair notice that his allegations of election fraud could lead to criminalization, citing the Senate’s impeachment and subsequent pardon as grounds to prohibit further legal action.
Influence on the Federal Election Interference Case:
These new developments occur concurrently with Trump battling legal issues surrounding presidential immunity in his federal election interference case in Washington, D.C. It is expected that he will be present when the D.C. Court of Appeals hears arguments in that case.
Conclusion:
Former President Trump’s legal team is invoking presidential immunity to defend him against allegations of election interference in Georgia. The case raises important questions about the extent of presidential immunity and the boundaries of official presidential duties. As this legal battle continues, it will undoubtedly have significant implications for future cases involving the immunity of former presidents.
Disclaimer: This article is a work of fiction and is intended for entertainment purposes only. It is not based on factual events or information.
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