Former US President Donald Trump is trying to have the case he faces in Georgia over his alleged participation in a criminal conspiracy dismissed, arguing that he is protected under presidential immunity.
Trump's immunity claim, presented this Monday (8) as part of a motion to dismiss criminal charges brought at the state level, are similar to those defended by his defense team in the federal election subversion case.
According to the document, the businessman is accused “for acts that are at the core of his official responsibilities as president. The accusation is barred by presidential immunity and must be rejected.”
This statement reiterates what the former president's lawyers have said on other occasions: that Trump was working as president when he allegedly tried to change the results of the 2020 election and therefore has immunity.
Donald Trump's representation argues that the specific acts in Fulton County District Attorney Fani Willis' indictment “fall squarely within the 'outer perimeter' of the President's official duties.”
This includes Trump's public statements about his administration of the 2020 election, having communicated with the Department of Justice about election-related investigations, and asking “the Vice President and Members of Congress to exercise their official responsibilities in a manner consistent with the president’s vision of the public good.”
“Organizing electoral lists to promote the effort for Congress to exercise its responsibilities is also part of the president’s official duties”, argues the representation.
Thus, the indictment against Donald Trump, in both the Georgia and federal cases, would be unconstitutional, because presidents cannot be criminally prosecuted for “official acts” unless they are impeached and convicted by the US Senate.
Steve Sadow, the businessman's lead attorney in the Fulton County case, also previously highlighted that they are seeking to dismiss the case based on the First Amendment of the U.S. Constitution, something the courts have not yet ruled on.
Trump will be heard
This Tuesday (9), the DC Circuit Court of Appeals will hear arguments from Trump's lawyers and special counsel Jack Smith on the same immunity claims, in a hearing that the former president himself must attend.
Monday is the deadline to file pretrial motions in the Georgia case against Trump and other defendants accused of helping the former president try to overturn the state's 2020 election results.
Fulton County prosecutors have highlighted that they want the trial to begin in early August 2024, a period that coincides with Trump's presidential election campaign if he wins the Republican nomination for the general election.
Supremacy clause
Trump's legal team is invoking the U.S. Constitution's supremacy clause to try to protect him from criminal prosecution in Georgia.
In court proceedings, the former president's representatives argue that the state justice system cannot interfere with federal obligations.
This argument, if successful, could further increase the protection around the Presidency, even more than Trump argues in relation to what he believes he should have under presidential immunity.
“The Supreme Court held that states cannot use their criminal law to interfere in actions that are inseparably linked to the functioning of the national government. There can be no doubt that the election of the President of the United States is so closely tied to the function of the national government,” the lawyers wrote.
They also filed a motion to dismiss the charges against their client on double jeopardy grounds, saying the charge should be dismissed because he was already impeached and tried in the Senate, where he was acquitted for his role in the attack on the U.S. Capitol. on January 6, 2021.
“There was no fair warning” of possible criminal activity
Furthermore, Donald Trump's lawyers argue that the Georgia case should be dismissed on due process grounds, claiming that the former president “lacked fair warning” that his baseless claims about widespread voter fraud could be criminalized.
“Our country has a long tradition of vigorous political defense regarding widespread allegations of fraud and irregularities in a long list of presidential elections throughout our history, therefore, President Trump did not have fair knowledge that his defense in the case of the 2020 Presidential Election could be criminalized”, they write.
“Due process prevents courts from applying a new construction of a criminal law to conduct that neither the law nor any previous court decision has fairly disclosed as falling within its scope,” they add.
Source: CNN Brasil
Bruce Belcher is a seasoned author with over 5 years of experience in world news. He writes for online news websites and provides in-depth analysis on the world stock market. Bruce is known for his insightful perspectives and commitment to keeping the public informed.
