(CNN)-“Donald Trump has asked the federal judge overseeing special counsel Jack Smith’s election interference case to dismiss the criminal charges, arguing he has immunity because he was president at the time and also was acquitted by the US Senate after his impeachment.”
So it looks as though Donald Trump is attempting to have his January 6th criminal case thrown out because his lawyers claim that he should be immune from prosecution. In court filings Trumps lawyers wrote.
“Breaking 234 years of precedent, the incumbent administration has charged President Trump for acts … at the heart of his official responsibilities as President,”
“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. Rather, where, as here, the President’s actions are within the ambit of his office, he is absolutely immune from prosecution.”
“President Trump was acquitted of these charges after trial in the Senate, and he thus remains immune from prosecution. The Special Counsel cannot second-guess the judgment of the duly elected United States Senate,”
In layman’s terms, Trump’s argument boils down to “I’m the President and I can do no wrong, but if I did do something wrong you can’t hold me accountable only the Senate filled with my colleagues can.”
This isn’t the first time that Trump tried using this excuse to get a court case thrown out. In fact, in a civil suit against Trump, his lawyers used the same argument to have the case dismissed. However, Judge Emmet Sullivan of the D.C. District Court ruled “If Former President Trump disrupted the certification of the electoral vote count, as Plaintiffs allege here, such actions would not constitute executive action in defense of the Constitution. For these reasons, the Court concludes that Former President Trump is not immune from monetary damages in this suit,”
For a judge to hand down such a ruling on a civil lawsuit where litigious action against a president is protected in most circumstances. It appears his latest attempt at declaring immunity in a criminal case seems far-fetched.
So Trump and his legal team have decided to take a “throw as much 💩 at the court as Trump and his lawyers can conceive and pray that something something sticks” approach. This is a sure sign that Trump is the one who is pulling the strings on which defense his legal team uses. I mean you can almost hear Trump’s voice when you read the court documents. “I was the President! Everybody knows that I am immune!”
For the CNN article quoted click the link below
https://www.cnn.com/2023/10/05/politics/trump-presidential-immunity-january-6/index.html
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