Crime & Safety

Trump Claims Presidential Immunity In GA RICO Case

Former President Donald J. Trump also claims his due process was violated and says he was exposed to double jeopardy, per media reports.

Former President Donald Trump speaks during a commit to caucus rally, Dec. 13, 2023, in Coralville, Iowa. Trump's lawyers are pressing to have special counsel Jack Smith's team held in contempt.
Former President Donald Trump speaks during a commit to caucus rally, Dec. 13, 2023, in Coralville, Iowa. Trump's lawyers are pressing to have special counsel Jack Smith's team held in contempt. (Charlie Neibergall/AP Photo)

ATLANTA — Former U.S. President Donald J. Trump in a new motion filed Monday is seeking to have his widespread election interference and racketeering case in Fulton County dismissed on the grounds of presidential immunity, according to multiple media reports.

NBC News reported Trump is also arguing for case dismissal after he claims his due process was violated and claims he was exposed to double jeopardy.


RELATED: Trump Charged With Violating RICO Act In Election Interference Case

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CNN cited the motion filed by Trump's attorney as reading: “The indictment in this case charges President Trump for acts that lie at the heart of his official responsibilities as President. The indictment is barred by presidential immunity and should be dismissed with prejudice."

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The Fulton County District Attorney's Office declined to comment on the new motion, NBC News reported.

Trump, a Republican, has been accused of trying to interfere with the 2020 presidential election, during which he lost the race to current Democratic President Joe Biden.

Georgia's indictment is the fourth for the ex-president in connection with the election. In Georgia, Trump had 18 co-defendants before ex-Trump attorneys Kenneth Chesebro and Sidney Powell were granted their motions to be tried separately.

His co-defendants include prestigious political figures, such as former New York Mayor Rudolph Giuliani, Georgia Sen. Shawn Still and former White House Chief of Staff Mark Meadows.


RELATED: Trump RICO Case: 4th Defendant Takes Plea Deal In Georgia: Reports


Trump and his allies were indicted by a grand jury on Aug. 14, 2023. Some of the defendants are accused of impersonating a police officer, acting as fake electors and trying to access a Coffee County voting machine to change votes.

The former president was charged on suspicion of violation of the Racketeer Influenced and Corrupt Organizations Act, three counts of solicitation of violation of oath by public officer, conspiracy to commit impersonating a public officer, two counts of first-degree conspiracy to commit forgery, two counts of conspiracy to commit false statements and writings, conspiracy to commit filing false documents, filing false documents and false statements and writings.


RELATED: Hours After Trump's GA Surrender, Final Allies Turn Themselves In


Trump surrendered to the Fulton County Jail on Aug. 24, 2023 and was released on a $200,000 bond, using Lawrenceville's Foster Bail Bonds. Days after his surrender, Trump pleaded not guilty and waived a formal arraignment.

Trump has maintained his innocence throughout his indictment, contending the Georgia case against him has "no basis" and calling the case a "witch hunt."

CNN reports Fulton County District Attorney Fani Willis is asking for an Aug. 24 trial start date while Trump has requested in the past an April 2026 start date. An official date has not yet been set.

Read more about Trump's latest motion via CNN and NBC News.

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