Trump moves to dismiss Georgia election case on presidential immunity grounds

Former President Donald Trump is moving to have the election interference charges against him in Georgia thrown out, arguing he's protected by presidential immunity.

Trump has made the same argument in the federal election interference case against him, which has been paused until an appeals court hears arguments on Trump's claim on Tuesday.

 "The indictment is barred by presidential immunity and should be dismissed with prejudice," the Fulton County Superior Court filing Monday said, arguing "the power to indict a current or former President for official acts does not exist.”

Prosecutors have argued that Trump was acting outside the scope of his duties when he pressured officials in the state to reject the 2020 election results in the state, which Joe Biden won.

Trump also filed two other motions to dismiss the case on Monday, one arguing the charges violate his rights to due process and the other contending it exposes him to double jeopardy.

The due process motion claims that Trump didn't have fair notice that he was doing anything illegal by pushing his stolen election claims. Separately, his attorneys also argue the case should be tossed because he was tried and acquitted on related charges before the U.S. Senate during his second impeachment, citing double jeopardy.

For Subscribers

FOR SUBSCRIBERSAbdul El-Sayed tries to woo MAHA voters as Democrats seek inroads with RFK’s supporters

FOR SUBSCRIBERSKratom-like substances are popping up in a typically benign supplement

FOR SUBSCRIBERSGOP super PAC increases its spending for Sen. Jon Husted in tough Ohio race

FOR SUBSCRIBERSRecords reveal tumultuous marriage between slain New York Times executive and wife

FOR SUBSCRIBERSFrom clean energy warrior to ‘wall of shame,’ James Talarico reverses on a fossil fuel money pledge

FOR SUBSCRIBERSCongressional staff planned official trip with luxury stops in Italy and France weeks before election

FOR SUBSCRIBERSA harrowing ordeal aboard an Israel-bound plane

FOR SUBSCRIBERSOpenAI CEO Sam Altman to skip congressional hearing on rogue AI agents

FOR SUBSCRIBERSKey DOJ lawyers departed Trump ‘grand conspiracy’ probe amid pressure to produce, source says

FOR SUBSCRIBERSTrump’s new AI chatbot often links to a site launched under Clinton 26 years ago

FOR SUBSCRIBERSAt MAHA summit, industry CEOs the movement once vilified take the stage

FOR SUBSCRIBERSThis Paralympian has two goals: Win medals and give away $500,000 to her teammates

FOR SUBSCRIBERSCornell rape allegation spotlights stringent New York state laws that have long drawn criticism

FOR SUBSCRIBERSThe debate over AI’s future rages on both coasts

FOR SUBSCRIBERSDecades-old march dispute reignites in Northern Ireland, threatening political crisis

Trump is facing felony racketeering and conspiracy charges for trying to subvert the 2020 election results in Georgia. He is among 19 defendants charged last August by Fulton County District Attorney Fani Willis. The former president has pleaded not guilty and maintains the case is part of a political “witch hunt” against him.

For Subscribers

FOR SUBSCRIBERSAbdul El-Sayed tries to woo MAHA voters as Democrats seek inroads with RFK’s supporters

FOR SUBSCRIBERSKratom-like substances are popping up in a typically benign supplement

FOR SUBSCRIBERSGOP super PAC increases its spending for Sen. Jon Husted in tough Ohio race

FOR SUBSCRIBERSRecords reveal tumultuous marriage between slain New York Times executive and wife

FOR SUBSCRIBERSFrom clean energy warrior to ‘wall of shame,’ James Talarico reverses on a fossil fuel money pledge

FOR SUBSCRIBERSCongressional staff planned official trip with luxury stops in Italy and France weeks before election

FOR SUBSCRIBERSA harrowing ordeal aboard an Israel-bound plane

FOR SUBSCRIBERSOpenAI CEO Sam Altman to skip congressional hearing on rogue AI agents

FOR SUBSCRIBERSKey DOJ lawyers departed Trump ‘grand conspiracy’ probe amid pressure to produce, source says

FOR SUBSCRIBERSTrump’s new AI chatbot often links to a site launched under Clinton 26 years ago

FOR SUBSCRIBERSAt MAHA summit, industry CEOs the movement once vilified take the stage

FOR SUBSCRIBERSThis Paralympian has two goals: Win medals and give away $500,000 to her teammates

FOR SUBSCRIBERSCornell rape allegation spotlights stringent New York state laws that have long drawn criticism

FOR SUBSCRIBERSThe debate over AI’s future rages on both coasts

FOR SUBSCRIBERSDecades-old march dispute reignites in Northern Ireland, threatening political crisis

“President Trump has filed three persuasive, meritorious pretrial motions seeking a complete dismissal of the indictment and thus an end to the Fulton County District Attorney’s politically-based prosecution," Trump attorney Steve Sadow said in a statement.

The DA’s office declined to comment. Willis, a Democrat, has denied that the case is politically motivated and said she charged Trump and the 18 co-defendants in his case because they broke Georgia law.