Former President Donald Trump’s attorneys are seeking to have the sweeping election subversion case in Georgia filed against him and several other defendants thrown out, arguing that he is protected under presidential immunity.
Trump and 18 others were charged last year by Fulton County, Georgia, District Attorney Fani Willis, accusing them of engaging in a “criminal enterprise” to overturn his election loss in the state to Joe Biden. Four of Trump’s co-defendants have entered into guilty plea agreements with prosecutors; the rest, including the former president, have pleaded not guilty.
Trump’s attorneys argue that the charges laid out by Willis “lie squarely within the ‘outer perimeter’” of his official duties, which should shield him from prosecution.
“The indictment in this case charges President Trump for acts that lie at the heart of his official responsibilities as President,” they wrote. “The indictment is barred by presidential immunity and should be dismissed with prejudice.”
Among those duties, Trump's lawyers charged, included organizing slates of "alternate" electors and urging then-Vice President Mike Pence to reject the electoral results on Jan. 6, 2021.
"Urging the Vice President and Members of Congress to exercise 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," they wrote, later adding: "Organizing slates of electors in furtherance of that effort to have Congress exercise its responsibilities falls within the President's official duties as well."
They also argued that "the power to indict a current or former President for official acts does not exist."
The question of presidential immunity is at the center of multiple trials against the former president. A federal appeals court on Tuesday will hear arguments over claims of immunity in the federal election subversion case brought by Justice Department special counsel Jack Smith. The case has been paused while the question is heard on appeal. Trump plans to attend the appeals court hearing in person on Tuesday.
Trump's attorneys filed two other motions Monday seeking to dismiss the case: One related to due process, which claims that Trump wasn't given fair notice that his baseless claims of election fraud coould lead to criminal charges, and the other related to double jeopardy, arguing that he was tried and acquitted by the U.S. Senate for his role in the Jan. 6, 2021, riot at the U.S. Capitol.