Trump’s lawyers seek dismissal of D.C. case, citing presidential immunity.

OAN’s Daniel Baldwin
12:22 PM – Thursday, October 5, 2023

Former President Donald Trump’s ‍legal team has⁣ filed a motion‍ to dismiss his Washington, D.C. case, arguing that he should be ⁣immune from prosecution ⁢due to his status as president.

Specifically, John⁢ Lauro, counsel for‌ Trump, argues that the Supreme Court decision in Nixon v.⁤ Fitzgerald provides the basis for‌ Trump’s claim ‌of⁣ presidential immunity.

“In view of the special nature of the⁣ President’s constitutional​ office and functions,” a current or former President has⁢ “absolute Presidential immunity from [civil] damages liability ‌for acts within the ‘outer⁣ perimeter’ of ‍his official responsibility,” Lauro writes ​in the filing, citing ⁢the‌ old SCOTUS ruling.

The Supreme Court ​ruled in Nixon⁣ v.⁤ Fitzgerald that‌ the ‌president “is entitled to absolute‌ immunity from damages ‍liability predicated on his official acts.” Lauro notes that “no court”​ has determined whether this immunity includes criminal ⁢prosecution, ​but ⁤he ⁣argues that the reasoning from this decision ought to​ apply to ‍Trump‍ in this case.

“Although Fitzgerald ⁣concerned civil liability, the exact same, if not ⁣more elevated, concerns apply ⁢to potential criminal​ prosecutions, mandating the same ‍absolute immunity,” wrote Lauro. ⁣“Vertical ​and horizontal ‌separation of powers ⁤simply cannot permit local, state, or subsequent federal ‌officials to constrain​ the President’s exercise of executive judgment through threats of ⁢criminal prosecution. To hold otherwise​ would‍ be to⁢ allow the ⁣President’s political opponents to usurp his or her constitutional role, fundamentally impairing our system ⁢of government. For​ this very reason,​ Fitzgerald recognized that ⁢Presidential immunity is⁤ not ‍just a creature of common law but also ‘rooted in the separation of powers under the Constitution.’”

Trump’s legal team also ​claims‌ that presidential immunity is rooted ‍in the ‍Impeachment Clauses of the U.S. ​Constitution.

“The ⁣Impeachment ​Clauses‍ provide that‍ the President⁣ may be ​charged by indictment only in cases ⁢where the⁢ President has⁢ been impeached and convicted ​by trial in the Senate,” Lauro wrote. “Here, President Trump was acquitted by the Senate for the‌ same course ⁣of conduct.”

Lauro goes on to argue that ​since the Senate acquitted Trump of charges in his second ⁢impeachment, ‌he cannot be criminally prosecuted for official acts. He claims this is implied since the ⁣Constitution only explicitly states⁢ that ​the⁣ “Party convicted shall nevertheless be liable and ⁣subject to Indictment,‌ Trial, Judgment and‌ Punishment, according to Law.”

Lauro also notes ⁤that the country has seen ‌234 years of “unbroken historical practice” of not criminally prosecuting a​ president.

“A strong historical ‍practice of not exercising a supposed power—especially when there has been ⁢ample incentive and opportunity to do so—undercuts the sudden discovery of the newly⁤ minted power,” Lauro said.

Trump is facing‍ charges regarding his attempt⁢ to challenge the 2020 election. Judge Tanya Chutkan has scheduled a trial date of March ‍4,⁤ 2024 – one day before Super Tuesday in the Republican primary.

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