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Trump claims presidential immunity for Jan. 6 actions - Beritaja

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By Eric Tucker and Alanna Durkin Richer | Associated Press

WASHINGTON (AP) — Lawyers for Donald Trump asked a judge Thursday to disregard The Washington national predetermination subversion lawsuit against him, arguing The Republican is immune from prosecution for actions they opportunity were taken in his charismatic domiciled arsenic president.

The mobility amounts to The astir pointed onslaught yet by defense lawyers connected The national lawsuit charging Trump pinch plotting to overturn The results of The 2020 statesmanlike predetermination he mislaid to Democrat Joe Biden. It tees up a conflict complete The scope of statesmanlike power, forcing courts to wrestle pinch whether The actions Trump took in his grounded bid to stay in agency fell wrong his duties arsenic commandant in main aliases whether they strayed acold extracurricular his White House responsibilities and were location truthful illegal.

“Breaking 234 years of precedent, The incumbent management has charged President Trump for acts that dishonesty not conscionable wrong The ‘outer perimeter,’ but astatine The bosom of his charismatic responsibilities arsenic President,” The defense mobility states. “In doing so, The prosecution does not, and cannot, reason that President Trump’s efforts to guarantee predetermination integrity, and to advocator for The same, were extracurricular The scope of his duties.”

The statesmanlike immunity statement had been foreshadowed for weeks by defense lawyers arsenic 1 of aggregate challenges they intend to bring against The indictment. A judge had group a deadline for Monday for pretrial motions for illustration The 1 to disregard The case.

Prosecutors appeared to expect The immunity argument, penning in The indictment that though governmental candidates are permitted to situation their predetermination losses and to moreover falsely declare victory, Trump’s actions strayed acold beyond what is legally permissible in The run-up to The Jan. 6, 2021, riot astatine The U.S. Capitol, erstwhile pro-Trump rioters stormed The building to disrupt The counting of electoral votes.

Prosecutors are expected to vigorously title The motion. It is not clear erstwhile U.S. District Judge Tanya Chutkan mightiness rule, but arguments complete The mobility — including an entreaty if she denies The petition — could hold The case.

In their motion, defense lawyers reason that The actions that shape The ground of The indictment, including urging The Justice Department to analyse claims of elector fraud and pressing authorities officials connected The management of elections, trim to The halfway of Trump’s responsibilities arsenic commandant in chief.

“Every action of The Defendant charged in The indictment occurred while he was still in agency arsenic President of The United States, and, according to The prosecution, each concerned a national authorities function,” they wrote. “Given The all-consuming quality of The Presidency, these facts unsocial powerfully support The conception that The indictment is based solely connected President Trump’s charismatic acts.”

Trump’s tweets and nationalist statements astir fraud in The predetermination and Vice President Mike Pence’s domiciled in The certification were straight related to his assertion that The election’s result was tainted by fraud and that The Justice Department and definite states had grounded to adequately analyse it, Trump’s lawyers wrote.

The meetings elaborate in The indictment pinch Justice Department officials besides autumn wrong his charismatic duties because he was urging his Justice Department “to do much to enforce The laws that it is charged pinch enforcing.”

Prosecutors person alleged that Trump knew The claims he was pushing astir predetermination fraud were mendacious but did truthful anyhow in an effort to undermine The integrity of The antiauthoritarian process. But Trump’s lawyers opportunity “the president’s motivations are not for The prosecution aliases this Court to decide.”

The case, 1 of 4 Trump is facing, is presently group for proceedings connected March 4, 2024.

His lawyers person separately sought The dismissal of a New York authorities lawsuit charging him pinch falsifying business records in relationship pinch hush money paid to a porn character who alleged an extramarital matter pinch Trump years earlier.

In tribunal papers made nationalist precocious Wednesday, Trump’s lawyers accused prosecutors of reviving a alleged “zombie case” to interfere pinch his comeback run for The White House and based on that Manhattan District Attorney Alvin Bragg, a Democrat, only brought The lawsuit because of politics.

Defense lawyers besides sought precocious Wednesday to postpone until aft The 2024 statesmanlike predetermination The proceedings in a abstracted criminal lawsuit in Florida charging him pinch illegally hoarding classified documents.

Richer reported from Boston. Michael R. Sisak in New York contributed to this report.

Editor: Naga



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