Trump claims presidential immunity, says he can’t be prosecuted in Georgia

ATLANTA — Attorneys for former President Donald Trump have filed motions in court to dismiss the election interference charges against him tied to the 2020 election here in Georgia.

In the filing, it said, “The President’s absolute immunity shields him from criminal prosecution as well as civil suit.”

“The text of the Constitution and early authorities confirm that the exclusive method to proceed against a President for crimes allegedly committed in office is by impeachment in the House of Representatives and trial in the Senate,” the filing said.


Legal experts told the Atlanta Journal-Constitution that Trump is unlikely to prevail on his immunity claims. But the motions could delay the cases against him beyond next November’s election.

The judge overseeing the Jan. 6 criminal case against Trump has already rejected similar claims in that case. A panel from the U.S. Court of Appeals is expected to hear arguments from that case on Tuesday.

Trump filed two other motions Monday to try to have his case dismissed.

The first claims due process concerns, arguing that Trump could not have reasonably foreseen that his political speech and conduct following the 2020 election could be criminalized.

The other argues the charges should be dismissed because of double-jeopardy concerns, citing his acquittal on articles of impeachment in the U.S. Senate in the aftermath of the Jan. 6, 2021, insurrection.


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