Trump asks for dismissal of Georgia election case on immunity grounds

 January 9, 2024

Former President Donald Trump asked for the dismissal of the Georgia election case against him, claiming presidential immunity for his actions at the time.

"The indictment is barred by presidential immunity and should be dismissed with prejudice," the Fulton County Superior Court filing Monday said, arguing "the power to indict a current or former President for official acts does not exist.”

It's the same argument he is using in the federal case in Washington, D.C., and which an appeals court will weigh this month.

Prosecutors argued that Trump acted outside the scope of his duties by pressuring officials in Georgia not to certify election results that he felt were fraudulent.

Due process

Trump also argued the charges constituted double jeopardy because Congress has already acquitted him of election interference during an impeachment trial in 2021.

His other motion could be a game changer, though: it's a due process claim that states Trump didn't have enough notice that he was doing anything illegal when he pursued election fraud claims.

The Georgia prosecutors have charged him and 18 others with racketeering and conspiracy, arguing they worked together to get officials to disregard the election results so he could stay in power.

“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 attorney Steve Sadow said in a statement.

Of course, Fulton County District Attorney Fani Willis has said the prosecution is not politically motivated.

We didn't see her or any prosecutor charging Hillary Clinton when she claimed the election was fraudulent, though, did we?

In other news

In other news, Trump reacted on Tuesday to news that Willis has been involved in a romantic relationship with one of the prosecutors handling the case.

“You had a very big event yesterday as you saw in Georgia where the district attorney is totally compromised. The case has to be dropped,” Trump said.

The revelation came from Mike Roman, who faces seven charges in the Georgia case.

Roman didn't provide hard evidence of the relationship, but it will now be investigated to find out if it's true. And if it is, what might happen next?

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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