Attorneys for Donald Trump have asked U.S. District Court Judge Tanya Chutkan to dismiss the federal election interference case against him because they say his actions fell within his official presidential duties.
In a 52-page motion filed on Thursday, attorneys Todd Blanche and John Lauro argued that Trump could not be charged with conspiracy after he worked to overturn the 2020 presidential election.
"To ensure the President may serve unhesitatingly, without fear that his political opponents may one day prosecute him for decisions they dislike, the law provides absolute immunity 'for acts within the 'outer perimeter' of [the President's] official responsibility,'" the attorneys wrote, citing a prior ruling.
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"Breaking 234 years of precedent, the incumbent administration has charged President Trump for acts that lie not just within the 'outer perimeter,' but at the heart of his official responsibilities as President," the motion added. "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 outside the scope of his duties."
According to the attorneys, it does not matter whether Trump believed the election was stolen.
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"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," the motion stated.
