Former President Donald Trump is seeking the dismissal of criminal conspiracy charges against him in Georgia, asserting presidential immunity as his defense.
Filed on January 8, the motion parallels arguments made in the federal election subversion case. Trump’s lawyer contends that the indictment targets actions within the scope of his official duties, such as statements on the 2020 election, communication with the Justice Department, and urging Congress.
Trump’s legal team asserts that both the Georgia and federal indictments are unconstitutional, citing immunity from criminal prosecution for official acts unless impeached and convicted.
Steve Sadow, lead counsel, previously sought dismissal on First Amendment grounds. The DC US Circuit Court of Appeals is set to hear arguments on immunity claims, with Trump attending.
Fulton County prosecutors aim for an early August 2024 trial, potentially coinciding with Trump’s presidential campaign if nominated.
Trump’s legal defense invokes the supremacy clause, arguing that state-level justice can’t interfere with federal duties. This, if successful, could expand presidential protections beyond immunity claims.
Additionally, Trump’s lawyers seek dismissal on double jeopardy grounds, citing the Senate acquittal for his role in the January 6, 2021, riots.
They claim due process violations, arguing that Trump lacked fair notice that his election fraud claims could be criminalized, citing a tradition of forceful political advocacy.
The legal battle unfolds with Trump employing multiple strategies, including constitutional immunity, supremacy clause arguments, double jeopardy claims, and due process violations.
The outcome will significantly impact Trump’s legal standing and potential trial in Georgia.