Lawyers for President Trump alleged in a filing that he is ‘absolutely immune from prosecution.’
Former President Donald Trump on Oct. 5 asked a federal judge to throw out election interference charges against him in Washington, D.C.
Lawyers for President Trump alleged in a filing that he is “absolutely immune from prosecution.”
They cited federal law, which courts have described as providing immunity for acts within the “outer perimeter” of a president’s “official responsibility.”
The charges presented by U.S. Department of Justice special counsel Jack Smith and approved by a grand jury are for such acts, John Lauro and other lawyers representing President Trump wrote.
“Where, as here, the president’s actions are within the ambit of his office, he is absolutely immune from prosecution,” they said, alleging that President Joe Biden’s administration was “breaking 234 years of precedent” with the charges.
“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. 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,” the filing states.
“Instead, the prosecution falsely claims that President Trump’s motives were impure—that he purportedly ‘knew’ that the widespread reports of fraud and election irregularities were untrue but sought to address them anyway. But as the Constitution, the Supreme Court, and hundreds of years of history and tradition all make clear, the president’s motivations are not for the prosecution or this court to decide.”
The request went to U.S. District Judge Tonya Chutkan, who was appointed under President Barack Obama.
The Department of Justice hasn’t yet responded to the motion.
Judge Chutkan recently denied a request from President Trump that she recuse herself from the case over remarks she made while sentencing people for actions related to the Jan. 6, 2021, U.S. Capitol breach.
By Zachary Stieber
