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Trump is ‘not above the law,’ prosecutors say in urging judge to let federal election case proceed

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Federal prosecutors say Donald Trump is “not above the law” as they are urging a judge to reject the former president’s efforts to dismiss the case charging him with plotting to overturn the 2020 presidential election

ByERIC TUCKER Associated Press

October 19, 2023, 7:47 PM

Former President Donald Trump speaks as he returns to the courtroom after the lunch break of his civil business fraud trial, Wednesday, Oct. 18, 2023, at New York Supreme Court in New York. (AP Photo/Seth Wenig)

Former President Donald Trump speaks as he returns to the courtroom after the lunch break of his civil business fraud trial, Wednesday, Oct. 18, 2023, at New York Supreme Court in New York. (AP Photo/Seth Wenig)

The Associated Press

Federal prosecutors said Thursday that Donald Trump is “not above the law” as they urged a judge to reject the former president’s efforts to dismiss the case charging him with plotting to overturn the 2020 presidential election.

Lawyers for Trump had asked U.S. District Judge Tanya Chutkan to toss the case, saying he is immune from prosecution for acts he took while fulfilling his duties as president.

Special counsel Jack Smith’s team responded that there is nothing in the Constitution, or in court precedent, to support the idea that Trump can not be prosecuted.

“The defendant is not above the law. He is subject to the federal criminal laws like more than 330 million other Americans, including Members of Congress, federal judges, and everyday citizens,” prosecutors wrote.

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