Trump seeks presidential immunity in Georgia election interference case – JURIST


Former US president Donald Trump filed to dismiss state-level felony prices by asserting immunity claims in an election interference case on Monday. In in search of to have the Georgia decide dismiss the case, Trump asserts that his indictment is unconstitutional as a result of he was appearing in his official presidential capability, which exempts him from being prosecuted.

Within the 67-page movement, Trump argues for absolute immunity, citing Nixon v. Fitzgerald, the place the Supreme Courtroom held {that a} former president has immunity from civil legal responsibility in acts that fall within the “outer perimeter” of their official duties.

Trump additionally argues within the movement that the accusation that the previous president engaged in felony conduct with the intent of staying within the White Home doesn’t fall outdoors of the scope of the “official duties” allowed by the president and their administration. “Such immunity is especially applicable for the President as a result of the presidency includes particularly delicate duties, requires daring and unhesitating motion, and could be crippled by the specter of politically motivated prosecutions,” Trump’s lawyer, Steven Sadow, wrote. Moreover, Trump argues that his alleged conduct, pure political speech and expressive conduct difficult the election have by no means been prosecuted, and no president has ever been criminally charged within the “234-year historical past of america.”

Trump additionally filed motions to dismiss the case primarily based on due process grounds and double jeopardy.

In August, a Georgia jury indicted Trump on 13 prices felony prices in Fulton County, together with state racketeering, solicitation of violation of oath by a public officer, impersonating a public officer, false statements, submitting false paperwork and first-degree forgery. He pleaded not responsible to all prices.

Trump’s attorneys have reiterated immunity claims in motions filed by his group in a earlier federal election interference case. Final month, US District Choose Tanya Chutkan dismissed Trump’s immunity protection, discovering “no particular circumstances” to alleviate him of felony legal responsibility.

A Washington DC federal appeals courtroom will hear Trump’s immunity claims in a separate case throughout a scheduled listening to on Tuesday, which Trump plans to attend.

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