Former President Donald Trump's legal team on Monday filed a motion seeking dismissal of criminal charges in Fulton County, Georgia, based on presidential immunity.
Trump has been indicted on charges he tried to overturn the 2020 election results in Georgia.
In a motion filed in Fulton County Superior Court, attorney Steve Sadow argued charges filed against Trump in Georgia should be dismissed because the then-president's efforts to overturn Joe Biden's 2020 victory in the state were part of his duties as chief executive, The Atlanta Journal-Constitution reported.
"From 1789 to 2023, no president ever faced criminal prosecution for acts committed while in office," Sadow argued in the motion, which was posted on X by CBS News. "That unbroken historic tradition of presidential immunity is rooted in the separation of powers and the text of the Constitution."
"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 filing said, CNN reported.
The judge overseeing the federal Jan. 6 criminal case against Trump rejected Trump's immunity argument. A U.S. court of appeals panel will hear arguments by attorneys for Trump and special counsel Jack Smith on the matter Tuesday.
Trump is expected to attend that hearing, CNN reported.
Fulton County prosecutors have said they want the Georgia trial to begin in early August, which potentially could be in the middle of Trump's presidential election campaign.
Trump currently is the clear front-runner in the race for the 2024 GOP presidential nomination.
The former president faces 13 charges in Fulton County, including a state Racketeer Influenced and Corrupt Organizations (RICO) count alleged against each of his co-defendants. He has pleaded not guilty to the charges.
"Making statements to the public on matters of national concern — especially matters involving core federal interests, such as the administration of a federal election — lies in the heartland of the President's historic role and responsibility," Sadow wrote, The Hill reported.
The motions in the federal and Georgia cases could delay the trials beyond the November presidential election, the Journal-Constitution said.
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Charlie McCarthy, a writer/editor at Newsmax, has nearly 40 years of experience covering news, sports, and politics.
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