Trump moves to dismiss Georgia election case on presidential immunity grounds

Former President Donald Trump is moving to have the election interference charges against him in Georgia thrown out, arguing he’s protected by presidential immunity.

Trump has made the same argument in the federal election interference case against him, which has been paused until an appeals court hears arguments on Trump’s claim on Tuesday.

 “The indictment is barred by presidential immunity and should be dismissed with prejudice,” the Fulton County Superior Court filing Monday said, arguing “the power to indict a current or former President for official acts does not exist.”

Prosecutors have argued that Trump was acting outside the scope of his duties when he pressured officials in the state to reject the 2020 election results in the state, which Joe Biden won.

Trump also filed two other motions to dismiss the case on Monday, one arguing the charges violate his rights to due process and the other contending it exposes him to double jeopardy.

The due process motion claims that Trump didn’t have fair notice that he was doing anything illegal by pushing his stolen election claims. Separately, his attorneys also argue the case should be tossed because he was tried and acquitted on related charges before the U.S. Senate during his second impeachment, citing double jeopardy.

Trump is facing felony racketeering and conspiracy charges for trying to subvert the 2020 election results in Georgia. He is among 19 defendants charged last August by Fulton County District Attorney Fani Willis. The former president has pleaded not guilty and maintains the case is part of a political “witch hunt” against him.  

“President Trump has filed three persuasive, meritorious pretrial motions seeking a complete dismissal of the indictment and thus an end to the Fulton County District Attorney’s politically-based prosecution,” Trump attorney Steve Sadow said in a statement.

The DA’s office declined to comment. Willis, a Democrat, has denied that the case is politically motivated and said she charged Trump and the 18 co-defendants in his case because they broke Georgia law.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Hundreds of dead chickens found abandoned in NYC U-Hauls: cops and activists

Hundreds of Dead Chickens Found in Abandoned NYC U-Hauls

Hundreds of chickens abandoned in Brooklyn were facing what animal rights activists…
Kentucky babysitter fatally abuses baby, leaves body stuffed in couch -- with alarming injuries: cops

Kentucky Babysitter Charged After Baby Found Stuffed in Couch

A 19-year-old Kentucky babysitter allegedly fatally abused an 11-month-old boy, leaving bruises…
Detroit family claims funeral home presented another woman's body at viewing

Detroit Family Says Funeral Home Showed Wrong Woman’s Body at Viewing

A Detroit family says a funeral home displayed an unidentified woman wearing…
Ukraine targets Russia with over 1,000 drones, killing 2 as Moscow holds last day of elections

Ukraine Launches Over 1,000 Drones at Russia as Moscow Ends Elections, 2 Killed

Ukraine launched a massive wave of missiles and more than 1,000 drones…
Gavin Newsom signs new California tax credit to keep Hollywood jobs from fleeing state

Gavin Newsom Signs California Tax Credit to Retain Hollywood Jobs

Gov. Gavin Newsom is unveiling another multimillion-dollar boost for Hollywood, this time…
animals at the Lake Hughes, California, Rock ‘N’ Pawz animal rescue

California Animal Rescue Operator Faces Felony Charges Over Alleged Inhumane, Unsanitary Conditions

A California animal rescue operator could spend as many as 24 1/2…
NJ mom Jennifer Buckley arrested after missing son found in crawl space

NJ Mom Jennifer Buckley Arrested After Missing Son Found Hidden in Crawl Space

A New Jersey mother is facing an obstruction charge after police found…
Massive fire rips through NYC restaurant, injuring 6 firefighters

NYC Restaurant Fire Injures 6 Firefighters During Response

A four-alarm fire ripped through a Brooklyn commercial building housing three restaurants…
'Something Bad is Going to Happen': Ex-Nurse Blows the Whistle on Tennessee Hospital for Drug Mix-Up

Ex-Nurse Warns of Tennessee Hospital Drug Mix-Up: ‘Something Bad Is Going to Happen’

A medication error at a Nashville hospital that left four patients critically…
Bronzeville, Chicago crime: Police department investigating 69 car break-ins in parking lots near 33rd and State,

Chicago Police Probe 69 Car Break-Ins in Bronzeville Lots

CHICAGO () — Chicago police are investigating after suspects broke into at…
Corie Walsh too dangerous to release — but psychiatrist warns risk can change

Corie Walsh Too Dangerous to Release, but Risk May Change

An Illinois judge ruled that Corie Walsh was too dangerous to release…
'Devoted' father and grandfather-to-be swimming at popular beach killed in suspected shark attack

Devoted Father and Expectant Grandfather Dies in Suspected Shark Attack at Popular Beach

A devoted father and soon-to-be grandfather is believed to have been killed…