Current:Home > InvestTrump moves to dismiss federal election interference case-Angel Dreamer Wealth Society D1 Reviews & Insights
Trump moves to dismiss federal election interference case
View Date:2024-12-23 23:50:22
Former President Donald Trump made his first motion to dismiss his federal election interference case Thursday, citing what his lawyers claim is his "absolute immunity" from prosecution for actions taken while serving in the nation's highest office.
"Breaking 234 years of precedent, the incumbent administration has charged President Trump for acts that lie not just within the 'outer perimeter,' but at the heart of his official responsibilities as President," Trump's attorneys say in their filing. "In doing so, the prosecution does not, and cannot, argue that President Trump's efforts to ensure election integrity, and to advocate for the same, were outside the scope of his duties."
The filing is the first in a series of anticipated motions to dismiss the case against Trump brought by Special Counsel Jack Smith that charged him with four counts related to his alleged plot to overturn the 2020 election.
MORE: Special counsel raises more concerns over Trump's attacks on witnesses
Trump in August pleaded not guilty to charges of undertaking a "criminal scheme" to overturn the results of the 2020 election by enlisting a slate of so-called "fake electors," using the Justice Department to conduct "sham election crime investigations," trying to enlist the vice president to "alter the election results," and promoting false claims of a stolen election as the Jan. 6 riot raged -- all in an effort to subvert democracy and remain in power.
The former president has denied all wrongdoing and denounced the charges as "a persecution of a political opponent."
While Smith's indictment specifically alleged Trump clearly acted outside the scope of his office while engaging in an unlawful conspiracy to obstruct the peaceful transfer of power, Trump's attorneys on Thursday contended that Smith "falsely claims President Trump's motives were impure" and that he "knew" reports of fraud in the election were untrue.
"...[As] the Constitution, the Supreme Court, and hundreds of years of history and tradition all make clear, the President's motivations are not for the prosecution or this Court to decide," they argue. "Rather, where, as here, the President's actions are within the ambit of his office, he is absolutely immune from prosecution."
MORE: Trump opposes special counsel's request for gag order in Jan. 6 case
Trump's attorneys hinge at least part of their argument of Trump's immunity on his acquittal by the Senate following his impeachment in the wake of the Jan. 6 assault on the Capitol.
"The Impeachment Clauses provide that the President may be charged by indictment only in cases where the President has been impeached and convicted by trial in the Senate," they say. "Here, President Trump was acquitted by the Senate for the same course of conduct... The Special Counsel cannot second-guess the judgment of the duly elected United States Senate."
And rather than take the position that the actions taken by Trump leading up to the Jan. 6 attack fell within the "outer perimeter" of his duties -- including his pressure campaign against state officials to overturn his election losses, his alleged efforts to recruit the Justice Department to falsely declare the election was rife with fraud, and his push for then-Vice President Mike Pence to reject electors -- they instead make the case that such acts fell at the "heart of his constitutional duties" to ensure the election was conducted with integrity.
Judge Tanya Chutkan will likely order a briefing schedule laying out deadlines for the government to issue its response to the motion to dismiss.
veryGood! (8)
Related
- 5-year-old boy who went missing while parent was napping is found dead near Oregon home, officials say
- 4 charged in the deaths of two Navy SEALs boarding ship carrying Iranian-made weapons to Yemen
- Dolly Parton Proves She’ll Always Love Beyoncé With Message on Her Milestone
- This week on Sunday Morning (February 25)
- Brianna LaPaglia Addresses Zach Bryan's Deafening Silence After Emotional Abuse Allegations
- Person of interest being questioned in killing of Laken Riley at the University of Georgia
- U.S. charges head of Russian bank with sanctions evasion, arrests 2 in alleged money laundering scheme
- St. Louis man sentenced to 10 years for causing crash that killed 4 people and injured 4 others
- Gavin Rossdale Makes Rare Public Appearance With Girlfriend Xhoana Xheneti
- Players opting to appear in new EA Sports college football video game will receive $600
Ranking
- After entire police force resigns in small Oklahoma town, chief blames leaders, budget cuts
- Amy Schumer Calls Out Critics Who Are “Mad” She’s Not Thinner and Prettier
- Katy Perry and Taylor Swift Shake Off Bad Blood Rumors Once and For All at Eras Tour in Sydney
- The Integration of AEC Tokens in the Financial Sector
- 2 more escaped monkeys recaptured and enjoying peanut butter and jelly sandwiches in South Carolina
- 60 million Americans experience heartburn monthly. Here's what causes it.
- AEC token gives ‘Alpha Artificial Intelligence AI4.0’ the wings of dreams
- Vermont governor signs school funding bill but says it won’t solve property tax problem
Recommendation
-
Why have wildfires been erupting across the East Coast this fall?
-
Steven Tyler sexual assault lawsuit filed by former teen model dismissed
-
Washington lawmakers advance bill making it a felony to threaten election workers
-
7 things you should never ask Siri, Google Assistant or Alexa
-
Mike Tyson vs. Jake Paul stirs debate: Is this a legitimate fight?
-
The Excerpt podcast: The NIMBY war against green energy
-
Katy Perry, Travis Kelce catch Taylor Swift's Eras Tour in Sydney
-
Oklahoma man hacked government auction site to buy cars for a buck