Former President Donald Trump is seeking the dismissal of his indictment related to the January 6, 2021, Capitol riot, contending that he possesses presidential immunity for his official actions, as stated in recently submitted court documents.
Trump’s legal team filed a comprehensive 46-page motion on Thursday, urging US District Judge Tanya Chutkan in Washington, DC, to permanently drop the four-count indictment, invoking constitutional provisions and legal precedents established in federal courts.
The motion asserts that Trump is entitled to absolute immunity “for acts within the ‘outer perimeter’ of [the President’s] official responsibility,” citing a precedent set in a previous Supreme Court case. Trump’s legal team argues that his official acts encompass his statements, social media posts, and communications with the Justice Department and state officials regarding the 2020 election results and his authority to challenge them.
The legal representatives also reject the assertion that Trump knowingly made false claims of voter fraud, which constitutes one of the charges in the indictment, despite contrary testimony from former White House staff. They maintain that neither the prosecution nor the court possesses the authority to assess Trump’s motivations for his actions during his presidency.
“In breaking with 234 years of precedent, the current administration has brought charges against President Trump for actions that not only fall within the ‘outer perimeter’ but reside at the core of his official responsibilities as President,” the motion contends.
“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 beyond the scope of his duties.”
Furthermore, the motion invokes the Impeachment Clause of the Constitution, which stipulates that only a president who is convicted through a Senate trial can be subject to criminal prosecution. While Trump faced impeachment in the House, he was acquitted by the Senate for his alleged role in inciting the Capitol riot.
“Because the Constitution specifies that only ‘the Party convicted’ by trial in the Senate may be ‘liable and subject to Indictment, Trial, Judgment and Punishment,’ it presupposes that a President who is not convicted may not be subject to criminal prosecution,” the motion asserts.
Citing a series of Supreme Court rulings, including Nixon v. Fitzgerald, Marbury v. Madison, and Martin v. Mott, the motion underscores the claim that the Constitution provides the exclusive framework for prosecuting a US president.
Notably, Trump, aged 77, faces a total of 91 charges across four indictments in various jurisdictions, marking the first instance of a sitting or former president being criminally charged. If convicted on all counts, he could potentially face a cumulative sentence of up to 712 years and six months in federal prison.
