Oct. 5 (UPI) — Former President Donald Trump cited his alleged “presidential immunity” in his first motion to dismiss special counsel Jack Smith’s federal election interference case against him.
The 52-page filing to the U.S. District Court in Washington began by stating presidents are granted “absolute immunity” to protect them from prosecution by political opponents, which he alleges is being carried out by President Joe Biden’s administration.
Trump claimed Biden’s administration has broken what he called “234 years of precedent” by charging him for actions he made “at the heart of his official responsibilities as president.” Many of these arguments cite the case of Nixon v. Fitzgerald.
“Nixon v. Fitzgerald holds the President is absolutely immune from personal liability for conduct within the “outer perimeter” of his official duties. 457 U.S. at 756. The inference that such immunity should include both civil and criminal liability is compelling,” the document reads.
In order for the motion to be granted, the court would have to agree that Trump’s alleged actions outlined by Smith fell within his official job functions.
Trump’s lawyers claimed that, rather than trying to overthrow the results of the election, the then-president was simply making “efforts to ensure election integrity” and advocating others do the same.
Regardless of his intentions, his lawyers asserted that “the president’s motivations are not for the prosecution or this court to decide.”
Trump’s team hinted that the motion is just the first the former president will attempt to make to dismiss the case, stating that “other fatal deficiencies in the indictment will be addressed in future motion(s) and proceeding(s).”
Part of Trump’s legal argument for immunity is based on the fact that he was acquitted by the U.S. Senate in his second impeachment trial in the wake of the violence at the U.S. Capitol on Jan. 6, 2021.
“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,” the document reads.
“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.”
