Former President Donald Trump has requested a Georgia judge to dismiss a criminal case against him, claiming immunity from prosecution. He argues that the US Senate’s acquittal during his impeachment trial over the same conduct related to the 2020 election shields him from criminal charges. Trump asserts that under the US Constitution, a president can only face criminal charges if impeached and convicted by the Senate for the same conduct.
In a filing on Monday in Atlanta, Trump’s lawyer stated that the indictment should be dropped because the Senate acquitted him on impeachment articles arising from the same alleged facts as the criminal indictment. The former president contends that parallel state charges are prohibited on double jeopardy grounds.
Trump plans to present the same immunity argument in an appeals court hearing in Washington, where he seeks dismissal of a related criminal case brought by Special Counsel Jack Smith. Trump insists that as president, he was entitled to immunity and points out that he was not campaigning during the alleged misconduct.
Trump Defends Immunity Claim on Social Media
In a social media post on Monday, Trump reiterated his entitlement to immunity as the president and commander in chief. He argued that he was not campaigning during the time in question, emphasizing that the election was long over. Trump claimed he was investigating voter fraud and finding evidence, although his claims were rejected by courts across the country. The former president expressed his intention to attend the appeals court arguments on Tuesday.
Legal Battles Amidst Election-Year Campaign
The criminal case in Georgia, led by Fulton County District Attorney Fani Willis, accuses Trump and 17 others of violating the state’s racketeering law by participating in a “criminal enterprise” to retain office. Trump faces four criminal prosecutions as he campaigns for a return to the White House, consistently denying any wrongdoing and attributing the charges to a Democratic “witch hunt” aimed at undermining his campaign.
Despite Trump’s immunity defense being rejected in federal district court in Washington, the judge emphasized that the presidency does not grant a “lifelong ‘get-out-of-jail-free’ pass.” US District Judge Tanya Chutkan, in a ruling on December 1, stated that Trump’s service as Commander in Chief did not exempt him from criminal accountability.
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