Former US president Donald Trump has filed a motion to dismiss state-level criminal charges regarding election interference. Trump is asserting immunity claims, stating that his indictment is unconstitutional as he was acting in his presidential capacity, therefore exempting him from prosecution. This move marks a significant step in Trump’s ongoing legal battles related to allegations of election interference.
Contained within a 67-page motion, Trump’s argument centers around the principle of absolute immunity. He cites the precedent of Nixon v. Fitzgerald, a Supreme Court case determining that a former president has immunity from civil liability for actions within the “outer perimeter” of their official duties. Accordingly, Trump puts forward the notion that accusations of criminal activity perpetrated with the goal of remaining in office do not go beyond the scope of “official duties” acceptable for a president.
Trump’s attorney, Steven Sadow, articulated that such immunity is especially pertinent to the presidential role, as it carries “sensitive duties,” requires “bold and unhesitating action,” and could be hindered by the potential threat of politically motivated prosecutions. Trump argues further that his supposed conduct, comprising pure political speech and expressive conduct challenging the election, has never been criminally prosecuted, and that “in the 234-year history of the United States,” no president has ever been criminally charged.
Additional motions to dismiss the case were also filed, on grounds related to due process and double jeopardy.
Previously, in August, a Georgia jury indicted Trump on 13 charges including state racketeering, solicitation of violation of oath by a public officer, impersonating a public officer, false statements, filing false documents, and first-degree forgery. Trump pleaded not guilty to all charges.
Immunity claims featured in previous federal election interference cases as part of motions filed by Trump’s team. However, last month, US District Judge Tanya Chutkan dismissed Trump’s immunity argument, noting there were “no special conditions” that would relieve him of criminal liability.
Trump’s claims of immunity will be heard in a separate case by a Washington DC federal appeals court in a hearing scheduled for Tuesday, which Trump intends to attend.