By Eric Tucker and Alanna Durkin Richer | Associated Press
WASHINGTON (AP) — Lawyers for Donald Trump asked a judge Thursday to dismiss the Washington federal election subversion case against him, arguing the Republican is immune from prosecution for actions they say were taken in his official role as president.
The motion amounts to the most pointed attack yet by defense lawyers on the federal case charging Trump with plotting to overturn the results of the 2020 presidential election he lost to Democrat Joe Biden. It tees up a fight over the scope of presidential power, forcing courts to wrestle with whether the actions Trump took in his failed bid to remain in office fell within his duties as commander in chief or whether they strayed far outside his White House responsibilities and were there therefore illegal.
“Breaking 234 years of precedent, the incumbent administration has charged President Trump for acts that lie not just within the ‘outer perimeter,’ but at the heart of his official responsibilities as President,” the defense motion states. “In doing so, the prosecution does not, and cannot, argue that President Trump’s efforts to ensure election integrity, and to advocate for the same, were outside the scope of his duties.”
The presidential immunity argument had been foreshadowed for weeks by defense lawyers as one of multiple challenges they intend to bring against the indictment. A judge had set a deadline for Monday for pretrial motions like the one to dismiss the case.
Prosecutors appeared to anticipate the immunity argument, writing in the indictment that though political candidates are permitted to challenge their election losses and to even falsely claim victory, Trump’s actions strayed far beyond what is legally permissible in the run-up to the Jan. 6, 2021, riot at the U.S. Capitol, when pro-Trump rioters stormed the building to disrupt the counting of electoral votes.
Prosecutors are expected to vigorously contest the…
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