Trump’s Motion to Dismiss January 6 Charges

Former President Donald Trump argued that special counsel Jack Smith’s case against Trump over the January 6, 2021, Capitol riot should be dismissed because he has presidential immunity.

Trump pleaded not guilty after Smith indicted him on four counts, including conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, obstruction and attempt to obstruct an official proceeding, and conspiracy against rights.

“Breaking 234 years of precedent, 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 attorneys argued. “In doing so, the prosecution does not and cannot argue that President Trump’s efforts to ensure election integrity and to advocate for the same were outside the scope of his duties.”

Many legal scholars expected Trump to file a motion to dismiss the case on presidential immunity grounds.

Trump’s attorneys noted that all of the alleged acts Trump committed occurred while he was still president.

via joemiller

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