Former President Donald Trump is taking his presidential immunity tactics south in an effort to secure a 13-count indictment for allegedly trying to illegally overturn the results of Georgia’s 2020 election.
In a trio of filings Monday, which largely mirrored the arguments Trump’s lawyers used against special counsel Jack Smith, the 77-year-old’s team argued that his actions regarding the election stemmed from his official duties.
“The indictment is barred by presidential immunity and should be dismissed with prejudice,” his attorney wrote. “Presidents are immune from criminal prosecution for official acts.”
Fulton County District Attorney Fani Willis launched a sweeping racketeering case against Trump and 18 of his associates and supporters last August, alleging they conspired to try to manipulate election results in the Peach State.
Four of the defendants have pleaded guilty and promised to cooperate with prosecutors.
Donald Trump wants his indictment overturned. Reuters
Willis’ investigation of Trump was sparked by a Jan. 2, 2021 phone call to Georgia Secretary of State Brad Raffensperger in which Trump emphasized the need to “find uh 11,780 votes.”
“Communicating with state officials regarding the administration of federal elections and urging them to carry out their official responsibilities with respect to those elections is also a core exercise of presidential responsibility,” Trump’s legal team wrote.
“Likewise [is] urging the Vice President and Members of Congress to carry out their official responsibilities consistent with the President’s view of the public good is authorized by the Constitution and lies at the heart of the President’s constitutional and historic role.”
Fani Willis begins working on Georgia’s 2020 election case in 2021. AP
Prosecutors argued that Trump was not on an altruistic mission as president to preserve the election but was more intent on reversing his loss to Democrat Joe Biden.
Trump’s team struck a similar tone with US District Judge Tanya Chutkan, who is overseeing a federal case brought against the former president on similar charges.
Last month, Chutkan dismissed the theory of presidential immunity, quipping that Trump doesn’t deserve a “free pass out of jail for life.”
His team later appealed the decision to the D.C. Circuit Court of Appeals, which is set to hold oral arguments on the matter on Tuesday.
Fulton County Superior Court Judge Scott McAfee has overseen the high-profile case. AP
In line with the immunity claim, Trump’s lawyers also argued that the 13-count indictment should be thrown out because of his acquittal during his second impeachment for allegedly sedition.
They argue that prosecuting him over the election carries double jeopardy – the same argument they have made to a federal appeals court.
Trump confirmed Monday that he plans to appear for the DC hearing, which will take place before a three-judge panel.
“If I don’t get Immunity, then Crooked Joe Biden doesn’t get Immunity, and with the Border Invasion and the Surrender of Afghanistan, alone, not to mention millions of dollars going into his ‘pocket’ with money from foreign countries, Joe will be ripe for Impeachment ,” Trump wrote on Social Truth.
Trump has accused prosecutors of conducting a ‘witch hunt’ against him. Reuters
The former president has vehemently denied wrongdoing and pleaded not guilty to all 91 criminal charges pending against him in four counts.
After the D.C. Circuit Court of Appeals hears the matter, its decision is widely expected to be appealed to the Supreme Court, which has declined to expedite consideration of the presidential immunity question.
Monday is the last day to file pre-trial motions in the Fulton County case against Trump. Georgia prosecutors had sought to begin those proceedings in August.
Meanwhile, the special counsel’s office has sought to keep the March 4 trial start date for the 2020 federal election case on track despite the immunity appeal.
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Source: thtrangdai.edu.vn/en/
