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Former President Donald Trump asked a judge on Monday to dismiss the criminal case against him in Georgia, arguing that presidential immunity bars him from facing prosecution.
In a 67-page court filing obtained by WSB-TV, attorneys for Trump said his “absolute immunity shields him from criminal prosecution as well as civil suit” for official acts performed as president.
“The text of the Constitution and early authorities confirm that the exclusive method to proceed against a President for crimes allegedly committed in office is by impeachment in the House of Representatives and trial in the Senate,” attorneys wrote in a motion to dismiss the case.
“Historical practice over 234 years confirms that the power to indict a current or former President for official acts does not exist.”
Trump motion by National Content Desk on Scribd
The former president made a similar argument in Washington, D.C., where he faces charges related to the violence seen at the U.S. Capitol on Jan. 6, 2021. A judge rejected those claims last month. An appeals court is set to hear arguments on the case Tuesday, WSB reported.
On Monday, Trump’s attorneys said the charges the former president is facing in Georgia involve conduct that lies “squarely within the ‘outer perimeter’ of the President’s official duties.”
A grand jury in Georgia indicted Trump and 18 others in August, accusing them of racketeering to change the outcome of the 2020 election after the former president lost to President Joe Biden. Four people — bail bondsman Scott Hall and attorneys Sidney Powell, Kenneth Chesebro and Jenna Ellis — have pleaded guilty after reaching deals with prosecutors.
Trump has denied any wrongdoing. He and 13 others charged in the case have pleaded not guilty.
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