Former President Donald Trump’s lawyers filed a motion Thursday asking a judge to dismiss the federal election subversion case against him arguing presidential immunity, The Associated Press reported.
Trump’s lawyers argued that the allegations involve action that Trump took while he was president and that the law allows him “absolute immunity,” the Washington Post reported.
The court filing is about 52 pages and claims that the Justice Department broke with more than two centuries of precedent by charging him, a former president, in relation to conduct that was “not just within the ‘outer perimeter,’ but at the heart of his official responsibilities as president,” according to the newspaper.
“Breaking 234 years of precedent, the incumbent administration has charged President Trump for acts that lie not just within the ‘outer perimeter,’ but at the heart of his official responsibilities as President,” the defense motion said, according to the AP. “In doing so, the prosecution does not, and cannot, argue that President Trump’s efforts to ensure election integrity, and to advocate for the same, were outside the scope of his duties.”
Weeks prior, Trump’s lawyers, according to the Post, indicated that they would raise immunity claims. They cited the Constitution and a precedent with the Supreme Court that involved former President Richard Nixon.
“In addressing this question, the Court should consider the Constitution’s text, structure, and original meaning, historical practice, the Court’s precedents and immunity doctrines, and considerations of public policy,” they wrote, according to the AP.
The AP reported that special counsel Jack Smith’s team is expected to contest the motion.
In another case, Trump’s lawyers on Wednesday asked a judge to postpone his classified documents trial until after the 2024 presidential election, the Post reported. His lawyers in that case said it was due to scheduling conflicts with other cases and reviewing evidence.
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