Trump Asks Georgia To Throw Out Charges Based On ‘Presidential Immunity’

Topline Former President Donald Trump asked a Georgia state court Monday to dismiss criminal charges against him for trying to overturn the 2020 election because he has “presidential immunity,” — an excuse that courts have so far rejected, though an appeals court, and potentially the Supreme Court, will soon weigh in on the issue.

Former President Donald Trump speaks to guests during a rally at Clinton Middle School on January ... [+] 06, 2024, in Clinton, Iowa. Key Facts Trump, who has been indicted on 13 felony charges in Georgia for trying to overturn the 2020 election, argued Monday that since the charges are based on actions he took while president, “absolute immunity shields [Trump] from criminal prosecution.” The motion to dismiss the charges was one of several Trump filed Monday trying to get out of the indictment, also arguing the case should be thrown out on due process grounds and alleging double jeopardy because he can’t be prosecuted after the Senate already failed to convict him after he was impeached for the Jan.

6, 2021, riot. The ex president has also separately claimed “ presidential immunity ” in a federal criminal case against him, which also stems from Trump’s efforts to overturn the 2020 election. U.S. District Judge Tanya Chutkan has already rejected Trump’s argument once in that case— ruling Trump’s presidency doesn’t mean he has the “divine right of kings to evade the criminal accountability that governs his fellow citizens”—and a federal appeals court will hear arguments in the matter on Tuesday, with the case possibly going to the Supreme Court.

Trump has also argued he has immunity in civil cases, including defamation claims from writer E. Jean Carroll and cases seeking to hold him liable for Jan. 6—which multiple courts have rejected , with judges in the Jan. 6 cases finding that Trump’s post election efforts, including speaking to supporters at a rally ahead of the riot, were not part of his official presidential duties.

The Fulton County District Attorney’s office, which brought the Georgia charges against Trump, has not yet responded to a request for comment. Crucial Quote Trump’s attorneys argued Monday his efforts to overturn the 2020 election were part of the “outer perimeter” of his official duties as president.

“In fact, they lie at the very heart of presidential responsibility. Making statements to the public on matters of national concern— especially matters involving core federal interests, such as the administration of a federal election—lies in the heartland of the President’s historic role and responsibility.” What To Watch For It’s unclear when the Georgia court could rule on Trump’s motions to throw out the charges against him, and no trial date has yet been set in the case.

In Trump’s federal election case, the appeals court will hear arguments Tuesday and a ruling is expected to come out relatively quickly, as prosecutors have pushed the court to rule swiftly so as to not severely delay the planned March trial date in the case. Once the federal court rules, Trump could ask the full appeals court to hear the case—rather than just a panel of three judges—or take the case to the Supreme Court, which could risk further delaying his trial.

Trump faces the possibility of prison time in both the federal and Georgia cases if he’s convicted, and he has pleaded not guilty to all the charges against him. Tangent Trump pushed his immunity claims on Truth Social early Monday morning, in a post announcing he plans to attend the appeals court hearing on Tuesday.

“I was looking for voter fraud, and finding it, which is my obligation to do, and otherwise running running [sic] our Country,” Trump said , claiming his efforts to overturn the election were part of his official duties. “The least I am entitled to is Presidential Immunity on Fake Biden Indictments!” Key Background Fulton County DA Fani Willis charged Trump and 18 of his allies in August for their efforts trying to overturn the state’s 2020 election, alleging the defendants constituted a criminal conspiracy that violated state racketeering and other laws.

Four defendants have so far taken plea deals, while the others have pleaded not guilty. While courts have so far been unswayed by Trump’s claims of presidential immunity , the question of whether ex presidents can use the argument to get out of criminal charges is still an open legal question. The Justice Department has long held that presidents can’t be criminally prosecuted while they’re still in office, and while the Supreme Court ruled in Nixon v.

Fitzgerald that presidents can’t be held liable in civil cases for actions they undertook as part of their official duties, it hasn’t ruled if that’s also the case for criminal acts. Further Reading Is Trump Immune From Criminal Charges? What To Know About ‘Presidential Immunity’ As Supreme Court Weighs Taking Up Case.

(Forbes) Trump’s 2024 Legal Cases: Here’s When The Ex President Will Go To Trial This Year (Forbes) Trump Indicted In Georgia: Here Are The Crimes He’s Been Charged With—And The Prison Sentences They Carry (Forbes) Trump Confirms He’ll Attend Court Hearing Tuesday In Jan. 6 Criminal Case, Says He’s ‘Entitled To Presidential Immunity’ (Forbes).