- Trump's legal team filed a motion Monday to dismiss the Fulton County case
- Lawyers claim he was performing official duties when he challenged the 2024 vote
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Donald Trump wants to have Georgia's election interference case dismissed by claiming he is immune from prosecution.
The former president's legal team filed a motion in Fulton County on Monday claiming he was acting as president when he challenged the 2020 election results.
The lawyers argue that the 77-year-old cannot be prosecuted and that the case is unconstitutional because he was carrying out his official duties.
Additionally, they argued that he was not given “fair notice” that his claims that the election was stolen could lead to a criminal case.
His lawyers have made similar arguments in his federal election subversion case, which is expected to go before the Supreme Court.
Donald Trump wants to have Georgia's election interference case dismissed by claiming he is immune from prosecution
Trump has also used campaigns and posts on Truth Social to emphasize that he is immune from prosecution for all cases of voter fraud. It comes as his team has called for his criminal trials to be postponed after the election, and has filed motions that would see them postponed.
“The indictment in this case accuses President Trump of acts that are core to his official responsibilities as President,” Trump's motion reads.
“The charge falls under presidential immunity and should be dismissed with prejudice.”
Trump's communications with the Justice Department regarding investigations into Joe Biden's election victory and “encouraging the vice president and members of Congress to carry out their official responsibilities” are all within his duties as president, his officials claim lawyers.
They also suggested that Trump engaged in “advocacy” when he launched a major investigation into all aspects of the 2020 outcome.
“Organizing voter rolls in furtherance of that effort to ensure that Congress fulfills its responsibilities also falls within the official duties of the president,” his lawyers argued.
District Attorney Fani Willis has warned that Trump's trial could take 18 months and extend through the Nov. 7 general election.
“Our country has a long tradition of vigorous political advocacy regarding widespread allegations of fraud and irregularities in a long list of presidential elections throughout history, and therefore President Trump failed to honestly inform his advocacy efforts in the event of the 2020 presidential election could be criminalized. .
“Due process prohibits courts from applying a new construction of criminal law to conduct that neither the law nor any previous judicial decision has fairly revealed as falling within its scope,” his lawyers added.
Trump's latest attempt to dismiss the case comes just 24 hours before he appears in a federal court in DC as his lawyers argue his immunity.
He will face special counsel Jack Smith, who claims the president cannot escape prosecution.
It means the Republican frontrunner will take a break from the campaign trail with just a week until the crucial Iowa caucuses.
Fulton County prosecutors want Trump's trial to begin in August 2024, in the middle of his presidential campaign.
District Attorney Fani Willis has warned the process could take up to 18 months and extend through the Nov. 7 general election.