Trump Urges Georgia Judge to Dismiss Criminal Case, Citing Presidential Immunity

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ICARO Media Group
Politics
08/01/2024 19h01

In a bold move, former President Donald Trump is seeking to dismiss the criminal case brought against him by Fulton County District Attorney Fani Willis in Georgia. Trump is claiming immunity from prosecution, asserting that his alleged involvement in a conspiracy to corrupt the 2020 election results falls within his official duties as president.

Trump's legal team submitted court papers on Monday arguing that his January 2021 call to Georgia Secretary of State Brad Raffensperger, in which he urged him to "find" enough votes to overturn Joe Biden's victory, was part of his presidential responsibilities. The attorneys further contend that Trump was acting in his capacity as president when he allegedly directed efforts in Georgia and other states to organize alternate slates of presidential electors.

The indictment, which includes charges of conspiracy under a Georgia racketeering law, targets Trump and 18 co-defendants, several of whom have already pleaded guilty to lesser charges. Trump's attorney, Steve Sadow, asserted that the case is based entirely on actions that fall within the core of the President's official duties.

This immunity argument mirrors Trump's attempt to dismiss federal charges against him in Washington, D.C., where special counsel Jack Smith has brought similar conspiracy charges. Trump's motion cites presidential and federal immunity and draws parallels between the two cases, including an argument based on his acquittal in the 2021 Senate impeachment trial.

Judge Scott McAfee of Fulton County faces a crucial decision on the immunity issue, which poses a constitutional dilemma and is being simultaneously addressed in the federal courts. Trump is scheduled to attend oral arguments on Tuesday in Washington, where a three-judge panel of the D.C. Circuit Court will consider his immunity claim. Meanwhile, U.S. District Court Judge Tanya Chutkan previously rejected Trump's immunity claim, leading to the ongoing appeal.

McAfee's ruling is expected to prompt pretrial appeals to either the Georgia Supreme Court or the U.S. Supreme Court. Last month, Smith requested an expedited review of the immunity issue in the federal case, but the U.S. Supreme Court declined, leaving it within the purview of the D.C. Circuit for now.

Trump's filing in Atlanta echoes concerns that the case against him could set a precedent for politically motivated prosecutions of former presidents. The motion argues that the current indictment in Fulton County poses a threat to future presidents, paving the way for similar prosecutions by state and local authorities in politically hostile jurisdictions.

A federal appeals court recently dismissed former White House Chief of Staff Mark Meadows' attempt to transfer the case from state court to federal court. Although the court acknowledged concerns about politicized prosecutions, it determined that the federal law governing such transfers does not apply to former officials like Meadows.

Unlike Meadows, Trump has chosen not to seek a removal to federal court, opting instead to present his arguments on presidential powers before Judge McAfee. Alongside the immunity claim, Trump's legal team has filed a motion to dismiss the indictment, contending that the application of the Georgia racketeering law to an election dispute is a novel interpretation that denies him due process and fair notice.

The outcome of this high-stakes immunity battle in Georgia will have significant implications, both in the state and at the federal level. As the legal proceedings unfold, observers are closely watching how the courts grapple with this constitutional quandary and its potential impact on future presidential prosecutions.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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