https://www.huffpost.com/entry/trump-jan-6-dismissal_n_651f0751e4b076f0bd0ea8f2
Trump Asks For Jan. 6 Dismissal Because Coup Attempt Was Part Of His Official Duties
Donald Trump is asking a federal judge to dismiss criminal charges against him based on his actions leading up to his Jan. 6, 2021, coup attempt because, as president, that coup attempt should be considered part of his presidential duties.
Trump lawyers Todd Blanche and John Lauro, in Thursday’s 52-page filing to U. S. District Judge Tanya Chutkan, attempted to minimize Trump’s actions leading up to the violent assault on the Capitol that day and that, regardless, the law allowed Trump to act based on his belief that the election had been stolen from him.
“The indictment is 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,” Blanche and Lauro wrote. “As President Trump is absolutely immune from criminal prosecution for such acts, the court should dismiss the indictment.”
“President Trump’s alleged Tweets and public statements about fraud in the election and the role of the vice president in the certification process were directly related to his contentions that: (1) the presidential election’s outcome was tainted by fraud and other procedural irregularities, and (2) the U. S. Department of Justice and certain state governments had failed to adequately investigate and prosecute fraud and irregularities in the election,” Blanche and Lauro wrote.
They also argued that Supreme Court precedent acknowledged that a president needed to be able to take “bold and unhesitating action” at times without fear of prosecution, and that was what Trump was doing.
“Here, 234 years of unbroken historical practice — from 1789 until 2023 — provide compelling evidence that the power to indict a former president for his official acts does not exist,” they wrote.
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