Former President Trump Files Motions to Dismiss Racketeering Charges, Citing Presidential Immunity and Double Jeopardy
ICARO Media Group
In a bid to fend off criminal charges, former President Donald Trump has filed a series of motions asking a Georgia judge to throw out felony racketeering charges against him. Trump's legal team argued that the case violated presidential immunity, double jeopardy, and due process protections.
The motions, which were filed on Monday, closely mirror arguments made in a separate criminal case in Washington, D.C., where Trump is also facing charges related to his actions following the 2020 election. Trump has frequently cited presidential immunity in his efforts to avoid criminal and civil cases against him.
Trump's attorneys pointed out the historical tradition of presidential immunity, emphasizing that no president has ever faced criminal prosecution for acts committed while in office since the founding of the United States. They argued that this immunity is grounded in the separation of powers and the text of the Constitution.
Regarding the double jeopardy claim, Trump's legal team asserted that the charges against him in Georgia violated his constitutional right, citing his impeachment after the January 6 attack on the U.S. Capitol. They argued that the indictment should be dismissed since Trump was impeached, tried, and acquitted on articles of impeachment arising from the same alleged facts and course of conduct.
In a third filing, Trump's lawyers contended that prosecutors in Fulton County, Georgia, had violated his due process and First Amendment rights. They argued that Trump was not adequately warned that his alleged conduct, characterized as political speech and expressive conduct challenging an election, could be criminalized.
Fulton County District Attorney Fani Willis' spokesperson declined to comment on the motions.
Trump's attorney, Steven Sadow, deemed the motions "meritorious," indicating their strong legal basis. Sadow also filed another motion seeking to compel the discovery of evidence in the case.
The deadline for Trump and his co-defendants in Fulton County to file pretrial motions is today. Prosecutors have expressed their desire for the trial to commence in August 2024.
Former President Trump has consistently relied on the presidential immunity defense in various legal battles. However, his attempts to claim immunity in civil cases have been rejected by federal appeals courts. These courts ruled that Trump is not shielded from civil suits, including those brought by U.S. Capitol Police officers assaulted during the January 6 riot and a defamation case filed by writer E. Jean Carroll.
Trump continues to deny all allegations against him, attributing the charges to political motives on the part of prosecutors and Carroll.
It remains to be seen how the Georgia judge will respond to Trump's motions and whether these arguments will lead to the dismissal of felony racketeering charges against the former president.