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Trump seeks to dismiss Georgia election interference case based on presidential immunity

Written by on January 8, 2024

Trump seeks to dismiss Georgia election interference case based on presidential immunity
Grace Cary/Getty Images

(NEW YORK) — Former President Donald Trump’s legal team on Monday filed multiple new motions in Georgia seeking to dismiss the Fulton County election interference case against him on grounds that include presidential immunity, which they say “shields him from criminal prosecution.”

“Historical practice over 234 years confirms that the power to indict a current or former President for official acts does not exist,” the 67-page motion argued.

“The indictment in this case charges President Trump for acts that lie at the heart of his official responsibilities as President,” the motion said. “The indictment is barred by presidential immunity and should be dismissed with prejudice.”

Trump and 18 others pleaded not guilty in August to all charges in a sweeping racketeering indictment for alleged efforts to overturn the results of the 2020 presidential election in the state of Georgia. Defendants Kenneth Chesebro, Sidney Powell, Jena Ellis and Scott Hall subsequently took plea deals in exchange for agreeing to testify against other defendants.

The new motions come as Trump continues his legal battle over his presidential immunity claims in his federal election interference case, where he is expected to be in attendance Tuesday when the Washington, D.C., Court of Appeals hears arguments in that case.

In two additional motions filed in Fulton County Monday, Trump also sought to dismiss the Georgia election case on the grounds of double jeopardy and lack of due process.

The former president has blasted the district attorney’s investigation as being politically motivated.

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