Former President Donald Trump’s legal team filed a motion to dismiss his federal election interference case Thursday, claiming his role as president entitled him to “absolute immunity”—the latest attempt by Trump to quash his mounting legal woes, despite nearly all of his earlier efforts ending in failure.
Former President of the United States Donald J. Trump appears in the hallway of the courthouse to ... [+]
Trump’s legal team claimed he was acting within the scope of his official duties when he took steps to prevent the certification of the 2020 presidential election and spread false claims of fraud that inspired his supporters to storm the Capitol on January 6, as federal prosecutors allege in their August indictment.
Trump’s lawyers cited legal precedent established when an Air Force analyst sued former President Richard Nixon, claiming he was unfairly fired and a D.C. appeals court ruled in favor of Nixon, determining current and former presidents are shielded from civil damages liability for “acts within the ‘outer perimeter’ of his official responsibility.’”
Trump’s lawyers noted, however, that no court has addressed whether such presidential immunity “included immunity from criminal prosecution.”
Justice Department Special Counsel Jack Smith’s office indicted Trump on three criminal counts of conspiracy and one count of obstructing an official proceeding in August over his conduct surrounding the January 6 Capitol riots.
This is a developing story and will be updated.