Former President Donald Trump is making a legal push to have the election interference case against him thrown out, contending that his role as president granted him "absolute immunity."
Trump's legal team argues that his attempts to cast doubt on the 2020 election were within the scope of his presidential duties and thus exempt from criminal prosecution. They assert that these claims were central to his official responsibilities.
In a fresh filing in the election interference case, his lawyers argue that Trump's public statements about the 2020 contest were aimed at "ensuring the integrity of federal elections."
"The acts alleged in the indictment lie firmly within the 'outer perimeter' of the President's official responsibility," the legal team contends. "Therefore, they cannot form the basis of criminal charges against President Trump."
Charges stemming from the 2020 election were brought forth in Washington DC by special prosecutor Jack Smith, who alleges that Trump obstructed the normal transfer of presidential power after his legal challenges to the vote proved unsuccessful.
Trump faces charges of conspiracy to defraud the US, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and conspiracy against the rights of citizens.
While the special prosecutor acknowledges Trump's right to publicly discuss the election, he asserts that Trump crossed a legal line by attempting to discount legitimate votes and subvert the election results.
Trump has consistently maintained that the charges against him, along with other legal cases involving him and his companies, are politically motivated.
In a separate case involving classified documents in Florida, Trump's legal team has requested a delay in the trial, currently scheduled for May 2024, to at least mid-November. This would place the trial's commencement after the presidential vote next year.
Over 325 classified files, some labeled "Secret" and "Top Secret," were discovered at Trump's Mar-a-Lago estate, with some found in a ballroom and others in a bathroom and shower.
Trump's attorneys argue that they have not had sufficient access to classified material and witness statements. They have previously contended that holding a fair trial during a presidential campaign would be unfeasible.
Additionally, Trump's legal team has called for the dismissal of 34 felony charges of falsifying business records. These charges pertain to his payment of $130,000 to adult film actress Stormy Daniels, who asserts she was paid to maintain silence after an encounter with him.
In their filing, Trump's lawyers label the case a "five-year meandering, halting, and roving investigation." They argue that the charges represent a novel interpretation of the law and are "politically driven."