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.

Paul Greaney is an NTD news anchor and producer. Since joining the company in 2018, he has anchored the station’s flagship Evening News broadcast, launched the NTD Business show, and produced documentary reports on pointed issues. 

The highlight of Paul’s time in the field was his coverage of the Hong Kong pro-democracy protests in 2019.

Paul Greaney

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

Ideological Ties Between DSA and CCP 'Very Strong': James Lindsay

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


NTD Newsroom

Poll: El-Sayed Leads Michigan Democratic Senate Primary

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

White House Week in Review (Aug. 1): US, Saudi Strikes Hit Iran-Backed Terrorists in Iraq

Tom Ozimek is a senior reporter for The Epoch Times. He has a broad background in journalism, deposit insurance, marketing and communications, and adult education.

Tom Ozimek

World News

Europe

Spain Installs Floating Barrier to Block Illegal Sea Crossings Into Ceuta

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

Can States, Like New York Regulate Prediction Market Platforms?

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

Christina Corona

Newsom Announces California Will Raise State Minimum Wage to $17.40

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


Cary Dunst

'The EU Is Only as Strong as Its Weakest Link': Expert on Spanish Illegal Immigration

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

Jason Blair

Homicides Drop More Than 40 Percent in Washington

Jacki Thrapp is an Emmy® Award-winning journalist based in Nashville. She previously worked at The New York Post, Fox News Channel and has written a series of Off-Broadway musicals in NYC. Contact her at jacki.thrapp@epochtimes.us

Jacki Thrapp

Dave Martin is NTD's Senior Sports Reporter and sports analyst. He also hosts "Data Hub" segments during NTD's special election coverage, "The Nation Decides."

Dave Martin

US News

State News

District of Columbia

Justice Department Drops Reflecting Pool Case Against Former Olympian

Arian Pasdar is an international correspondent for NTD News based in South America. His reporting focuses on immigration and key events in Latin America.

Arian Pasdar

Ukraine Says Russia Used North Korean Missiles in Latest Barrage Killing 13 Civilians 

Full Episodes

NTD Evening News Full Broadcast (Aug. 1)

NTD Evening News Full Broadcast (July 31)

NTD Evening News Full Broadcast (July 30)

NTD Evening News Full Broadcast (July 29)

NTD Evening News Full Broadcast (July 28)

NTD Evening News Full Broadcast (July 27)

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 (July 26)

NTD Evening News Full Broadcast (July 25)

NTD Evening News Full Broadcast (July 24)

NTD Evening News Full Broadcast (July 23)

Tom Gantert is a reporter for The Epoch Times.

Tom Gantert

Melina Wisecup is NTD's congressional correspondent based in Washington, covering Capitol Hill and campaign politics.

Melina Wisecup

Politics

Executive Branch

Trump Uses Recent Speeches to Warn Americans of Resurging Communism

Juliet Song is an international correspondent exclusively covering China news for NTD. She primarily contributes to NTD's "China in Focus," covering U.S.-China relations, the Chinese regime's human rights abuses, and domestic unrest inside China.

Juliet Song

Shows

Fast, compelling, first-hand news from China. China in Focus airs Monday–Friday at 9:30 p.m. ET.

China in Focus

2.8 Million People in China Evacuated Amid Typhoon Bavi

NTD Movies

NTD+ Movies

The Unrestricted War

Breaking news and in-depth analysis from the United States and beyond. We bring you the latest updates, exclusive insights, and sharp discussions on the most pressing issues. NTD Newsroom airs Monday–Friday from 2 p.m. to 6 p.m. ET.

US Announces Visa Restrictions Targeting Cybercriminals

Joseph Lord is a congressional reporter for The Epoch Times.


Joseph Lord

Congress

House Passes Legislation to Make Daylight Saving Time Permanent

Troy Myers is a regional reporter based in St. Augustine, Florida. His background includes breaking, criminal justice, and investigative writing for local news, producing on a national morning newscast in Washington, D.C., and working with an award-winning, weekly investigative news program. In his free time, he enjoys spending time with his dog at the beach.

Troy Myers

Jason Perry is an Army veteran and NTD's national security correspondent. Jason primarily covers border security, national defense, foreign wars, and veterans' issues.

Jason Perry

Courts

Appeals Court Upholds Block on Trump Order to Tighten Mail-In Voting, Citizenship Verification

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

The Associated Press

Sen. Lindsey Graham Likely Died After Aorta Tear, Medical Examiner Says

Bringing you the latest videos, livestreams, and premieres.


NTD Videos

Label

Live

NTD+ Live

Trump Makes an Announcement on Freedom Hauler in the White House

Mary Man is a writer for NTD. She has traveled around the world covering China, international news, and arts and culture.

Mary Man

China News

China Floods: Thousands at Risk After Multiple Dams Collapse in Guangxi

Jackson Richman is a Washington correspondent for The Epoch Times. In addition to Washington politics, he covers the intersection of politics and sports/sports and culture. He previously was a writer at Mediaite and Washington correspondent at Jewish News Syndicate. His writing has also appeared in The Washington Examiner. He is an alum of George Washington University.

Jackson Richman

House Passes Defense Policy Bill That Attaches SAVE America Act

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

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.

Trump Files Motion to Dismiss Georgia Election Case, Argues He Has Immunity

Stefania Cox is an NTD News anchor and national correspondent based at the network's global headquarters in New York City. Stefania anchors "NTD Newsroom," and co-anchors "NTD News Today" weekdays at 10:00 am ET.

Stefania Cox

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

NTD News Today Full Broadcast (July 31)

We present news that is truthful and based on facts, outside of the political fog. Instead of focusing on the negative things happening around us, our mission is to give our viewers a good morning with empathetic and uplifting stories. Our aim is to provide an antidote to negativity by shining a light on the best side of people. We speak to inspiring people who positively impact communities, pursue topics that represent our common human values, and will never miss an opportunity to bring you heartwarming stories.