Trump motions to dismiss Jan. 6 case

by Joshua Perry

Photo: Alamy

President Donald Trump’s legal representatives motioned to dismiss his Washington, D.C. case Thursday, citing “Presidential immunity” as the justification for dismissal. 

“President Trump moves to dismiss the indictment in this matter, with prejudice, based on Presidential immunity,” states the court document. The legal instrument aims to dissolve Trump’s indictment that alleges he was the provocateur of patrons illegally entering the United States Capitol on January 6, 2020. Special Counsel Jack Smith detailed four federal charges against President Trump within the imputation.

The accusations include “Conspiracy to defraud the United States, Conspiracy to obstruct an official proceeding, Obstruction of and attempt to obstruct an official proceeding, and Conspiracy against rights.” The allegations follow President Trump’s lawful contention of the 2020 presidential election. 

In response to the assertions, Trump’s legal team argues that the “President may serve unhesitatingly, without fear” of receiving political persecution for fulfilling the role’s responsibility.

Furthermore, Trump’s lawyers emphasized that it was his duty to “ensure election integrity.” Therefore, the “law” awards “absolute immunity” for actions included within the “outer limits” of the president’s jurisdiction. 

President Trump is the first former occupant of the Oval Office to battle criminal prosecution. However, citing presidential immunity is not unprecedented. Strengthening their case, Donald Trump’s attorneys highlighted the 1982 court ruling that granted Richard Nixon immunity in carrying out the responsibilities of the job. 

Additionally, Trump’s legal counsel contends that the “prosecution” wrongfully assigns “impure motives” for his actions in upholding “election integrity.” Consequently, the prosecution is at odds with the Constitution, the Supreme Court, historical precedence, and tradition. According to the Defendant’s team, this clearly defines that the “President’s motivations are not for the prosecution or this court to decide.”

President Trump’s trial date is set for March 4, 2024. The timing of the hearing is inconvenient as the scheduled appointment is one day before Super Tuesday. 

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