Claiming “presidential immunity,” attorneys for Donald Trump in a 52-page motion say he was acting within his official responsibilities as President when he allegedly attempted to overturn results of the 2020 election he lost. Suggesting Trump was just trying to “ensure election integrity,” they are asking a federal judge to dismiss all charges in Special Counsel Jack Smith’s prosecution of the ex-president in that case.
The “acts alleged in the indictment lie firmly within the ‘outer perimeter’ of the President’s official responsibility,” Trump’s attorneys’ motion reads. “Therefore, they cannot form the basis of criminal charges against President Trump.”
Trump’s attorneys, continuing to refer to him as “President Trump” in their court filings, are also claiming President Joe Biden’s “administration” is charging the ex-president. They also suggest Trump did not know the lies he told about election fraud and about the election being stolen were false.
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“Breaking 234 years of precedent, the incumbent administration has charged President Trump for acts that lie not just within the “outer perimeter,” but at the heart of his official responsibilities as President. In doing so, the prosecution does not, and cannot, argue that President Trump’s efforts to ensure election integrity, and to advocate for the same, were outside the scope of his duties. Instead, the prosecution falsely claims that President Trump’s motives were impure—that he purportedly ‘knew’ that the widespread reports of fraud and election irregularities were untrue but sought to address them anyway.”
“But as the Constitution, the Supreme Court, and hundreds of years of history and tradition all make clear, the President’s motivations are not for the prosecution or this Court to decide. Rather, where, as here, the President’s actions are within the ambit of his office, he is absolutely immune from prosecution.”
Trump is facing four federal felonies in the case. Trial has been set for March 4, 2024.