Former President Donald Trump filed three motions Monday to dismiss Fulton County District Attorney Fani Willis’ 2020 election case, including one claiming presidential immunity prevents his prosecution.
The motions argue for dismissal based on due process grounds, double jeopardy and presidential immunity. The claims in Trump’s presidential immunity filing mirror those made in his bid to dismiss the federal indictment brought by special counsel Jack Smith over alleged efforts to interfere with the 2020 election, which the D.C. Circuit Court of Appeals is set to consider Tuesday.
“The indictment in this case charges President Trump for acts that lie at the heart of his official responsibilities as President,” Trump’s motion states. “The indictment is barred by presidential immunity and should be dismissed with prejudice.” (RELATED: Appeals Court Hints It May Consider Constitutional Questions About Jack Smith’s Appointment)
Trump’s attorney argued in the filing that “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.”
NEW: In Fulton County, Trump’s legal team files a flurry of motions to dismiss his criminal charges based on Supremacy Clause and Presidential immunity, double jeopardy grounds, and due process grounds.
Here’s the Presidential immunity motion: https://t.co/AzCGvZ41V6
— Anna Bower (@AnnaBower) January 8, 2024
“President Trump has filed three persuasive, meritorious pretrial motions seeking a complete dismissal of the indictment and thus an end to the Fulton County District Attorney’s politically-based prosecution,” Trump’s attorney Steve Sadow told Atlanta News First. “Also still pending is President Trump’s First Amendment as-applied challenge which seeks the same relief.”
The deadline for filing pre-trial motions in the case is Monday, according to CNN. Trump and his 18 co-defendants were indicted on Aug. 14 for alleged efforts to overturn the election in Georgia and charged with violating Georgia’s “Racketeer Influenced and Corrupt Organizations” (RICO) Act.
Trump announced Monday that he would attend oral arguments in Washington, D.C., considering his presidential immunity appeal in the federal election interference case.
“Of course I was entitled, as President of the United States and Commander in Chief, to Immunity,” he wrote in a post on Truth Social. “I wasn’t campaigning, the Election was long over. I was looking for voter fraud, and finding it, which is my obligation to do, and otherwise running our Country.”
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