Trump's team files motion to dismiss D.C. election interference case

The basis for the filing is that Trump is "immune" from prosecution for presidential duty reasons

By Kelly McClure

Nights & Weekends Editor

Published October 5, 2023 4:46PM (EDT)

2024 Republican presidential candidate and former U.S. President Donald Trump arrives for a "Commit To Caucus" rally at the Jackson County Fairgrounds on September 20, 2023 in Maquoketa, Iowa. (Scott Olson/Getty Images)
2024 Republican presidential candidate and former U.S. President Donald Trump arrives for a "Commit To Caucus" rally at the Jackson County Fairgrounds on September 20, 2023 in Maquoketa, Iowa. (Scott Olson/Getty Images)

A filing made by Trump's attorneys has begun to circulate on Thursday, detailing a motion for Judge Tanya Chutkan to dismiss his election subversion indictment in D.C. altogether, on the basis that he's "absolutely immune from prosecution because his alleged criminal conduct was part of his presidential duties," per reporting from CNBC

In the 52-page document, his legal team makes a big swing, asking the judge "to recall a 1982 Supreme Court finding that stated that former President Richard Nixon had immunity from civil damages during his time in office and apply it to Trump's criminal charges," as The Daily Beast highlights in their own coverage of the motion.

"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 filing further emphasizes. The full motion can be read below:

Leading up to this, Trump has continued to deny the charges against him in the case, shirking claims that he conspired to obstruct Biden's rightful victory in 2020 in any way.

 


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