Former President Donald Trump on Thursday dismissed Special Counsel Jack Smith’s DC case, citing ‘presidential immunity’ via The Gateway Pundit.
Last month Trump was hit with 4 counts in Jack Smith’s January 6 case up in DC: Conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.
It seems that Jack Smith is also using the DC case to gag Trump. The special counsel’s prosecutors came up with the accusation that Trump of attempting to “prejudice the jury pool through disparaging and inflammatory attacks on the citizens of this District, the Court, prosecutors, and prospective witnesses.”
It seems that Trump’s lawyers blasted the Biden Regime and accused Jack Smith of “breaking 234 years of precedent” for charging a former president.
“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 say in their filing. “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.”
Trump’s lawyers also argued that Trump has immunity based on his acquittal in the Senate after his second impeachment related to January 6.
“The Impeachment Clauses provide that the President may be charged by indictment only in cases where the President has been impeached and convicted by trial in the Senate,” the lawyers wrote according to ABC News. “Here, President Trump was acquitted by the Senate for the same course of conduct… The Special Counsel cannot second-guess the judgment of the duly elected United States Senate.”
Excerpt from ABC News:
Former President Donald Trump made his first motion to dismiss his federal election interference case Thursday, citing what his lawyers claim is his “absolute immunity” from prosecution for actions taken while serving in the nation’s highest office.
The former president has denied all wrongdoing and denounced the charges as “a persecution of a political opponent.”
While Smith’s indictment specifically alleged Trump clearly acted outside the scope of his office while engaging in an unlawful conspiracy to obstruct the peaceful transfer of power, Trump’s attorneys on Thursday contended that Smith “falsely claims President Trump’s motives were impure” and that he “knew” reports of fraud in the election were untrue.
“…[As] the Constitution, the Supreme Court, and hundreds of years of history and tradition all make clear, the President’s motivations are not for the prosecution or this Court to decide,” they argue. “Rather, where, as here, the President’s actions are within the ambit of his office, he is absolutely immune from prosecution.”
