Trump wants Georgia election subversion case dismissed, arguing he has presidential immunity
(CNN) — Former President Donald Trump is seeking to have the sweeping criminal conspiracy case against him in Georgia thrown out by arguing he is protected from prosecution under presidential immunity.
Trump’s immunity claims in the Georgia case, filed on Monday as part of a motion to dismiss state-level criminal charges against the former president, are similar to those argued by his defense team in the federal election subversion case.
“The indictment in this case charges President Trump for acts that lie at the heart of his official responsibilities as President. The indictment is barred by presidential immunity and should be dismissed with prejudice,” the motion filed by Trump’s lawyer in the Georgia case reads.
Monday’s filing in the Georgia case reiterates what the former president’s lawyers have repeatedly asserted – that Trump was working in his official capacity as president when he allegedly undermined the 2020 election results and therefore has immunity.
As such, Trump’s indictment in both the Georgia and federal case are unconstitutional because presidents cannot be criminally prosecuted for “official acts” unless they are impeached and convicted by the US Senate.
This story is breaking and will be updated.