Donald Trump tries to quash Georgia indictment, citing executive immunity

Former President Donald Trump is taking his presidential immunity ploy south in a bid to get his 13-count indictment on charges of trying to unlawfully reverse Georgia’s 2020 election results tossed.

In a trio of filings Monday, which largely mirror arguments Trump’s attorneys used against special counsel Jack Smith, the 77-year-old’s team contended that his actions concerning the election derived from his official duties.

“The indictment is barred by presidential immunity and should be dismissed with prejudice,” his attorneys wrote. “The President is immune from criminal prosecution for official acts.”

Fulton County District Attorney Fani Willis launched a sprawling racketeering case against Trump and 18 of his allies and supporters last August, alleging they conspired to try to manipulate the election outcome in the Peach State.

Four of the defendants have since pleaded guilty and promised to cooperate with prosecutors.

Willis’ investigation of Trump was triggered by a Jan. 2, 2021, phone call made to Georgia Secretary of State Brad Raffensperger in which Trump emphasized the need to “find uh 11,780 votes.”

“Communicating with state officials about the administration of a federal election and urging them to exercise their official responsibilities with respect to that election are also core exercises of presidential responsibility,” Trump’s legal team wrote.

“So too [is] urging the Vice President and Members of Congress to exercise their official responsibilities consistent with the President’s view of the public good is authorized by the Constitution and lies at the heart of the President’s constitutional and historic role.”

Prosecutors have contended that Trump was not on an altruistic mission as president to safeguard the election but was rather scheming to reverse his loss to Democrat Joe Biden.

Trump’s team made a similar pitch to US District Judge Tanya Chutkan, who is overseeing the federal case brought against the former president on similar charges.

Last month, Chutkan rejected the presidential immunity theory, quipping that Trump wasn’t entitled to a “lifelong get-out-of-jail-free pass.”

His team then appealed that ruling to the DC Circuit Court of Appeals, which is set to hold oral arguments on the matter Tuesday.

In tandem with the immunity claim, Trump’s attorneys also argued that the 13-count indictment should be quashed because of his acquittal during his second impeachment for allegedly inciting an insurrection.

They contended that prosecuting him over the election amounts to double jeopardy — the same argument they have presented to the federal appeals court.

Trump confirmed Monday that he plans to appear for the DC hearing, which will take place before a three-judge panel.

“If I don’t get Immunity, then Crooked Joe Biden doesn’t get Immunity, and with the Border Invasion and Afghanistan Surrender, alone, not to mention the Millions of dollars that went into his ‘pockets’ with money from foreign countries, Joe would be ripe for Indictment,” Trump wrote on Truth Social.

The former president has strenuously denied wrongdoing and pleaded not guilty to all 91 criminal counts pending against him across four indictments.

After the DC Circuit Court of Appeals adjudicates the matter, its decision is widely expected to be appealed to the Supreme Court, which declined to fast-track consideration of the presidential immunity question.

Monday was the last day to file pre-trial motions in the Fulton County case against Trump. Georgia prosecutors have sought to start those proceedings in August.

Meanwhile, the special counsel’s office has sought to keep the March 4 trial start date for the federal 2020 election case on track despite the immunity appeal.