Former President Donald Trump is pulling out all the stops to get the Georgia criminal conspiracy case against him dismissed, invoking presidential immunity as his shield. According to CNN, Trump's legal team argues that actions taken during his presidency are protected, and hence, he cannot be criminally prosecuted. Filed on Monday, the motions in the Georgia case echo similar defenses used by his defense team in the federal election subversion case.
"The indictment in this case charges President Trump for acts that lie at the heart of his official responsibilities as President," Trump's legal team stated, further claiming, "The indictment is barred by presidential immunity and should be dismissed with prejudice." These motions, challenging Fulton County District Attorney Fani Willis' indictments, also include a claim of "absolute immunity" from prosecution for actions taken while in office, according to information obtained by Atlanta News First. Trump's lawyer also points to past instances of political advocacy concerning election allegations to bolster their case, arguing that Trump "lacked fair notice" that his actions could lead to criminal charges.
Moreover, Trump's attorneys are leveraging the supremacy clause of the U.S. Constitution, suggesting that the state-level justice system can't interfere with federal duties. In a move that could potentially widen presidential protections even further, Trump's team is asserting that any actions closely tied to the function of the national government, like election methods for the President, should not be subject to state-level criminal law.
The legal team also raised the issue of double jeopardy, with motions filed arguing, "The indictment must be dismissed because President Trump was impeached, tried by the Senate, and acquitted on articles of impeachment that arise from the same alleged facts and course of conduct as the criminal indictment in this case," as noted by Atlanta News First. With these layers of defense, Trump's legal battles maintain a strategic complexity, aimed at avoiding his prosecution in Georgia.
Trump's trial, amidst these various pretrial motions, is slated for early August 2024, potentially clashing with his presidential campaign, should he secure the Republican nomination. The urgency of the legal proceedings is palpable as both sides prepare for the DC U.S. Circuit Court of Appeals hearing, where Trump's claims of immunity will once again be argued on Tuesday, a detail shared by CNN.
