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Donald Trump is being criticized after filing a motion demanding Georgia must drop its RICO case against him, claiming he has presidential immunity, while just hours earlier threatening to indict President Joe Biden if the federal courts do not grant him that protection from prosecution.
Focusing on his claim of presidential immunity, on Monday Trump’s attorneys filed a motion (below) demanding Fulton County District Attorney Fani Willis drop her racketeering and election subversion case against the ex-president, who is facing 13 charges in the Georgia case.
Trump’s attorneys are also claiming the Georgia prosecution violates “double jeopardy” rules, because the U.S. Senate did not convict him when he was impeached for his actions surrounding the January 6 insurrection.
Overnight, Trump announced he will attend Tuesday’s D.C. federal appeals court hearing on his claim of presidential immunity in Special Counsel Jack Smith’s prosecution for election subversion, where he faces four felony charges including engaging in a conspiracy to defraud the government, and to disenfranchise voters.
“The indictment in this case charges President Trump for acts that lie at the heart of his official responsibilities as President,” Trump’s attorneys claimed to Georgia Judge Scott McAfee on Monday, as CNN reports. “The indictment is barred by presidential immunity and should be dismissed with prejudice.”
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At 12:38 AM Monday morning, Trump posted a lengthy screed to his Truth Social website, claiming not his innocence, but that he is entitled to “Immunity.”
“I wasn’t campaigning, the Election was long over,” when he allegedly engaged in election subversion efforts, including those surrounding the January 6 insurrection.
“I was looking for voter fraud, and finding it, which is my obligation to do, and otherwise running running our Country,” he added. Some have noted it is not the job of the President of the United States to be “looking for election fraud,” as elections are run by the states, not the federal government. Also, the U.S. DOJ, not the President, would have jurisdiction over voter disenfranchisement.
“If I don’t get Immunity, then Crooked Joe Biden doesn’t get Immunity,” Trump added, threatening the current, sitting President, before making unproven allegations against Biden.
“Joe would be ripe for Indictment. By weaponizing the DOJ against his Political Opponent, ME, Joe has opened a giant Pandora’s Box,” Trump concluded, falsely.
Responding to his Truth Social claims, professor of law and former U.S. Attorney Joyce Vance wrote, “Courts of Appeals tend to frown on litigants holding press conferences on the courthouse steps. Especially if reports that trial Judge Tanya Chutkan was swatted last night are true, expect little tolerance for Trump shenanigans.”
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Judge Chutkan, who is presiding over Special Counsel Jack Smith’s prosecution of Trump for alleged election subversion, was the victim of a swatting effort over the weekend, according to multiple reports.
MSNBC anchor and legal contributor Katie Phang added, “Of course as a defendant, he’s entitled to attend court. But he’s only doing it to create a circus sideshow atmosphere. Bottom line: It’s not going to change the outcome. Trump does not have absolute presidential immunity.”
See a portion of the Georgia motions below or at this link.
Here’s the motion based on due process grounds: https://t.co/NnYR3orWo0
And here’s the motion based on double jeopardy grounds: https://t.co/NnYR3orWo0
— Anna Bower (@AnnaBower) January 8, 2024
Image via Shutterstock
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