Attorneys representing Donald Trump have submitted a request to a judge to dismiss the federal election subversion case against him in Washington, arguing that the former president is immune from prosecution for actions they assert were taken in his official capacity as president.
This motion represents the most direct challenge to date by Trump’s defense lawyers against the federal case accusing him of attempting to overturn the results of the 2020 presidential election, which he lost to Democrat Joe Biden. It sets the stage for a legal battle over the extent of presidential power, forcing the courts to grapple with whether Trump’s actions in his failed attempt to remain in office fell within his duties as commander-in-chief or exceeded his White House responsibilities and were subject to prosecution.
The defense’s argument revolves around presidential immunity and has been anticipated for weeks as one of several challenges they plan to present against the indictment.
Special counsel Jack Smith’s team is expected to vigorously oppose the motion. It remains unclear when US District Judge Tanya Chutkan will make a ruling, but potential prolonged arguments surrounding this motion, including an expected appeal if it is denied, could delay the case as it delves into what defense lawyers have described as an unresolved question.
While the Supreme Court has ruled that presidents are immune from civil liability for actions related to their official duties, Trump’s lawyers noted that no court has specifically addressed whether this immunity extends to criminal prosecution, indicating their intention to take the issue to the highest court in the land.
Prosecutors appeared to anticipate the immunity argument, asserting in the indictment that while political candidates are allowed to challenge election losses and even falsely claim victory, Trump’s actions went far beyond what is legally permissible in the lead-up to the January 6, 2021, Capitol riot when pro-Trump rioters stormed the building to disrupt the electoral vote count.
In their motion, Trump’s defense attorneys argue that the actions forming the basis of the indictment, including urging the Justice Department to investigate voter fraud claims and pressuring state officials regarding election administration, were central to Trump’s responsibilities as commander-in-chief.
The defense’s argument asserts that Trump’s tweets and public statements about election fraud, as well as meetings detailed in the indictment with Justice Department officials, were directly related to his belief that the election’s outcome was tainted by fraud and that the Justice Department and certain states had inadequately investigated it.
Trump’s lawyers contend that the former president’s motivations are not for the prosecution or the court to determine.
Furthermore, Trump’s legal team argues that his acquittal in the 2021 impeachment trial prevents his prosecution, as the Constitution suggests that presidents can only be criminally charged in cases where they are impeached and convicted by the Senate.
The trial for this case is currently scheduled for March 4, 2024, and it is one of four legal cases facing Trump. His lawyers have also sought the dismissal of a New York state case charging him with falsifying business records related to hush money payments. Additionally, they have requested a postponement of the trial in a separate criminal case in Florida, accusing him of illegally hoarding classified documents, until after the 2024 presidential election.
