Trump files motion to dismiss DOJ’s J6 case against him, citing ‘Presidential immunity’

They noted that as such, whether a president can be charged for certain actions "remains a 'serious and unsettled question' of law."

"The Court should dismiss the indictment, with prejudice, on grounds of Presidential immunity," Trump's lawyers wrote in a 52-page motion to US District Judge Tanya Chutkan.

They cited a Supreme Court case in which former president Richard Nixon was implicated to claim that under the law, he was granted "absolute immunity" for "acts within the 'outer perimeter' of his official responsibility."

"Breaking 234 years of precedent," they argued, "the incumbent administration has charged President Trump for acts that lie not just within the 'outer perimeter,' but at the heart of his official responsibilities as President."

Trump's lawyers suggested that as president, he was responsible for maintaining the integrity of the 2020 election, and was thus within his rights to cast doubt on the results.

"The prosecution falsely claims that President Trump's motives were impure — that he purportedly 'knew' that the widespread reports of fraud and election irregularities were untrue but sought to address them anyway," they wrote, claiming that the indictment was "based entirely on alleged actions within the heartland of President Trump's official duties, or at the very least, within the 'outer perimeter' of his official duties."

Following a lengthy investigation by Special Counsel Jack Smith, Trump was charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct and official proceeding, and conspiracy against rights.

His trial is set to begin on March 4, 2024.

Motion to Dismiss by Hannah Nightingale on Scribd