Former President Donald Trump filed a motion Thursday to dismiss the criminal charges in his federal election case, saying he is “absolutely immune” from prosecution because his actions fell within his official duties as commander in chief.
“[T]he 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,” Mr. Trump’s defense attorneys wrote in the 52-page court filing. “Instead, the prosecution falsely claims that President Trump’s efforts were impure…But as the Constitution, the Supreme Court and hundreds of years of history and tradition all make clear, the President’s motives are not for the court to decide.”
Mr. Trump has been charged with four crimes related to his efforts to overturn the results of the 2020 election. Special counsel Jack Smith has accused Mr. Trump of conspiring to defraud the U.S., obstructing an official proceeding, and conspiring against the rights of voters.
The indictment points to these actions resulting in the Jan. 6, 2021, attack on the U.S. Capitol by a pro-Trump mob.
Mr. Trump has denied wrongdoing and accused prosecutors of pursuing him to sandbag his bid to return to the White House. A trial is set to begin on March 4, 2024.
The case is one of three criminal prosecutions brought against Mr. Trump, who is currently the front-runner for the GOP presidential nomination. He faces a second indictment by Mr. Smith accusing him of mishandling classified government documents.
And state prosecutors in New York and Georgia also have brought criminal charges against the former president, saying he falsified business documents and conspired to overturn the election results in Georgia.
Thursday’s appeal argues that Mr. Trump’s actions questioning the results of the 2020 election were part of his official duties to ensure election integrity.
By bringing charges against Mr. Trump for these efforts, prosecutors are risking a “chilling effect” on a president’s decision-making, particularly around matters that “arouse the most intense feelings.”
Defense attorneys say that presidents can still be held accountable for any crimes through impeachment and removal, saying that a criminal trial is not the proper venue to decide these issues.
“American history teems with situations where the opposing party passionately contended that the President and his closest advisors were guilty of criminal behavior in carrying out their official duties,” Mr. Trump’s legal team wrote. “In every such case, the outraged opposing party eventually took power, yet none ever brought criminal charges against the former President based on his exercise of official duties.”
U.S. District Judge Tanya Chutkan is overseeing the election interference case. Mr. Trump had called on Judge Chutkan to recuse herself from the case because of remarks she made during the sentencing for two Jan. 6 defendants suggesting that Mr. Trump broke the law, but she rejected his recusal motion last week.
• Jeff Mordock can be reached at jmordock@washingtontimes.com.
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