Name: Trump Files Motion to Dismiss Georgia Election Case, Argues He Has Immunity
Uploaded: 2024-01-09T04:16:54.000Z
Description: Former President Donald Trump on Monday filed several motions to dismiss his election case in Fulton County, Georgia, where he and more than a dozen others face state charges for allegedly conspiring to overturn the 2020 election.

Cary Dunst is the news anchor for NTD Evening News. He is also the co-host of NTD Good Morning.


Cary Dunst

NTD Plus

News

News with integrity, from the United States and around the world. Focused reports and analyses that shed light on major issues the world deserves to know. NTD Evening News airs daily at 6 p.m. ET.

NTD Evening News

Democratic Strategist on Why Democrats Are Getting Behind Traditionally Conservative Candidates in LA

Jack Bradley is a Washington correspondent for NTD News based in Washington, D.C. Jack previously anchored "NTD Newsroom" and worked as an assistant producer for the show. 

Jack Bradley

Asia Summit Centers on Deterring China; China Defense Minister a No-Show

Jason Blair is a national correspondent for NTD News based in California. 

Jason Blair

At Least 20 Arrested at Delaney Hall ICE Facility After Nights of Vandalism

Sam Wang is a Washington correspondent for NTD News based in Washington, D.C. Sam covers politics on Capitol Hill, and U.S.-China relations. 

Sam Wang

What the People Say: Should We Let Politics Affect Celebrating America 250?

Christina Corona is a California-based reporter for NTD News. She primarily covers California news, politics, and entertainment.  

Christina Corona

Damaged Ballots Found in LA Drop Box

David Lam is a national correspondent based in California and a part-time anchor for "NTD Tonight." Before joining NTD he was a financial analyst.

David Lam

Eyes on Governor’s Race as California Prepares for Election Day

NTD Newsroom comprises teams of reporters, editors, and producers assigned to cover breaking news and other stories.


NTD Newsroom

Lara Trump Interviews President Trump on Fox News

Chi Huynh

Why More Texas Families Are Choosing Homeschooling

Gov. DeSantis Proposes Major Property Tax Relief Plan for Florida Homeowners

Economic Security Is National Security: Bessent

NTD Evening News Full Broadcast (June 1)

Chris Beers is an NTD News anchor and political correspondent based at the network's global headquarters in New York City. Chris co-anchors "NTD News Today" weekdays at 10:00 am ET.

Chris Beers

NTD Evening News Full Broadcast (May 31)

NTD Evening News Full Broadcast (May 29)

NTD Evening News Full Broadcast (May 28)

NTD Evening News Full Broadcast (May 27)

NTD Evening News Full Broadcast (May 26)

NTD Evening News Full Broadcast (May 25)

NTD Evening News Full Broadcast (May 24)

Arleen Richards is NTD's legal correspondent based at the network's global headquarters in New York City, where she covers all major legal stories. Arleen holds a Doctor of Law (J.D.).


Arleen Richards

NTD Evening News Full Broadcast (May 23)

NTD Evening News Full Broadcast (May 22)

The Associated Press is an American not-for-profit news agency headquartered in New York City. 

The Associated Press

US News

State News

California

More Than 17,000 Under Evacuation Orders as Southern California Wildfire Threatens Homes

Joseph Lord is a congressional reporter for The Epoch Times.


Joseph Lord

Aldgra Fredly is a freelance writer covering U.S. and Asia Pacific news for The Epoch Times.

Aldgra Fredly

Former NYC Mayor Rudy Giuliani Hospitalized in Critical Condition: Spokesman

Rudy Blalock is a Southern California-based daily news reporter for NTD. Originally from Michigan, he moved to California in 2017 and the sunshine and ocean have kept him here since. In his free time, he may be found underwater scuba diving, on top of a mountain hiking or snowboarding, or at home meditating—which helps fuel his active lifestyle.

Rudy Blalock

40,000 Ordered to Evacuate as Chemical Tank Leaks, Threatens Explosion in California

Video of US Fighter Jet Shooting Down UFO Over Lake Huron Emerges in New Pentagon Files

Ryan Morgan is a reporter for The Epoch Times focusing on military and foreign affairs. He was previously a news writer for NTD. 


Ryan Morgan

Mari Otsu is NTD's White House correspondent based in Washington. 

Mari Otsu

World News

Middle East

Iran

3 US Warships Fend Off Iranian Attacks, Trump Says Ceasefire Still Holds

News you can trust from the U.S. and around the world. Critical information and insight. We cover the stories that others don’t. NTD News Today airs Monday–Friday at 11 a.m. ET.

NTD News Today

US Government Sues Chick-fil-A Over Religious Rights

Sports News

Kyle Busch, Two-Time NASCAR Champion, Dies at 41

Health News

3 Dead in Suspected Hantavirus Outbreak on Cruise Ship in Atlantic Ocean: WHO

Haika Mrema

Medical Plane Crash in New Mexico Mountains Kills 4, Sparks Wildfire

Daniel Monaghan is a reporter for NTD News covering culture, social issues, and education. He holds a BA in Political Science and Government.

Daniel Monaghan

California Mayor Resigns, Will Plead Guilty to Acting as Chinese Agent

Former President Donald Trump on Monday filed several motions to dismiss his election case in Fulton County, Georgia, where he and more than a dozen others face state charges for allegedly conspiring to overturn the 2020 election.

The former president's <a href="https://www.documentcloud.org/documents/24351992-trump-fulton-county-motion-immunity">legal team argued</a> in one filing that as president, he was legally entitled to immunity from prosecution. The arguments are similar to ones he made in a separate case in Washington, where he was indicted by special counsel Jack Smith on federal charges relating to his activity after the 2020 election.

His lawyers have argued that he was working in his official capacity as president when he moved to try and investigate what he described as election fraud following the election.

“The indictment in this case charges President Trump for acts that lie at the heart of his official responsibilities as President. The indictment is barred by presidential immunity and should be dismissed with prejudice,” President Trump's lawyers wrote in the Georgia case.

The “historical practice over 234 years” in the United States has reaffirmed that the capacity to charge a current or former president "does not exist," argued his legal team led by attorney Steve Sadow. “Such immunity is particularly appropriate for the President because the Presidency involves especially sensitive duties, requires bold and unhesitating action, and would be crippled by the threat of politically motivated prosecutions,” they wrote.

Any communication between the former president and state officials in connection to the 2020 election fell within his "official duties" as president, it added.

“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,” his attorneys wrote.

Separately, his lawyers also argued in separate <a href="https://www.scribd.com/document/697471235/Trump-Motion-to-Compel-With-Exhibit-1">motions</a> that the case brought by Fulton County District Attorney Fani Willis, a Democrat, should be <a href="https://www.scribd.com/document/697470288/Trump-Motion-to-Dismiss-on-Due-Process-Grounds">dismissed</a> on due process administrative grounds and that it should be <a href="https://www.scribd.com/document/697470774/Trump-Plea-in-Bar-Double-Jeopardy">scrapped</a> based on the Constitution's 5th Amendment, which includes a clause that a defendant cannot be charged twice with the same crime.

“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,” Mr. Sadow told <a href="https://www.atlantanewsfirst.com/2024/01/08/donald-trumps-attorneys-file-4-new-motions-georgia-indictment/">Atlanta News First</a>. “Also still pending is President Trump’s First Amendment as-applied challenge which seeks the same relief.”

The Fulton County district attorney's office has claimed that President Trump's post-2020 efforts in Georgia were tantamount to a pressure campaign against various state officials to overturn the election in the state.

A number of other individuals were charged in the case, including former New York City Mayor Rudy Giuliani. President Trump, Mr. Giuliani, and several others have pleaded not guilty, although several of the co-defendants have since taken plea deals.

Monday is the deadline for pre-trial motions in the Georgia case, which is being overseen by Judge Scott McAfee. Fulton County officials have said they want the trial to start in August of this year, which could be potentially in the middle of the 2024 general election campaign if the former president wins the GOP nomination. Currently, he's far ahead in the national polls.

In November, Ms. Willis told an event that she believes that "there will be a trial" including the former president that will "take many months." However, according to her, it likely won't conclude "until the winter or the very early part of 2025," which would be after the November election.

About a month later, the district attorney told <a href="https://apnews.com/article/fani-willis-trump-2020-election-indictment-georgia-de77f102a0747f9c65ed874a1f0612c0">The Associated Press</a> in an interview that she doesn't believe the election-related case should be paused. “If the prosecutor finds that they violated the law, they have an ethical duty to bring forth charges and so this is a silly notion to me that because one runs from office that your criminal case would stop,” she said.
<h2>Another Immunity Claim</h2>
It comes as the former president has, in court papers, filed an appeal of his Washington election case. That court will hear arguments in the case on Tuesday, and President Trump <a href="https://www.theepochtimes.com/us/trump-confirms-hell-attend-appeals-court-hearing-election-was-long-over-5560479">indicated</a> on Monday morning that he will attend.

He wrote Monday: “I will be attending ... the federal appeals court arguments on presidential immunity in Washington, D.C., on Tuesday" before adding that he was “entitled ... to immunity” when he was president.

“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,” he added, referring to his efforts after the 2020 election concluded and while he was still president.

U.S. District Judge Tanya Chutkan, an Obama appointee who is presiding over his election case, previously rejected President Trump’s immunity argument in December before it was appealed to the higher court. At the same time, the special counsel made a filing to the U.S. Supreme Court to quickly hear and rule on the immunity case but the high court rejected his petition, sending it back to the lower courts.

<em>From <a href="https://www.theepochtimes.com/us/trump-files-motion-to-dismiss-georgia-election-case-argues-he-has-immunity-5560510">The Epoch Times</a></em>

Latest

DONALD TRUMP

Videos

Politics

01_Lead Story

04_Top Stories

Latest Clips

Management

Jack Phillips is a breaking news reporter with 15 years experience who started as a local New York City reporter. Having joined The Epoch Times' news team in 2009, Jack was born and raised near Modesto in California's Central Valley. 

Jack Phillips

Iris Tao is NTD's White House correspondent based in Washington. Prior to her work at the White House, Iris reported on U.S. politics and U.S.–China relations from NTD’s New York headquarters. She holds degrees in journalism and economics from Boston University.

Iris Tao

02_Second Lead

Fani Willis

Donald Trump

Trump Indictments

Latest and breaking news, documentaries, movies, and lifestyle content on NTD+.
 
Empower your knowledge and elevate your spirit with NTD+, your go-to destination for truthful news, insightful documentaries, and captivating lifestyle content that enriches your life.