Trump’s Genius Legal Team Makes One More Sure-to-Lose Argument
Donald Trump is trying one more time to throw out the federal indictment against him for trying to overthrow the 2020 election, this time by claiming presidential immunity—an argument with very little merit.Special counsel Jack Smith indicted Trump in August for his rule in the January 6 insurrection and other attempts to overturn the presidential election. Trump faces one count each of conspiracy to defraud the United States, conspiracy to corruptly obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against the right to vote.Trump has repeatedly denied the charges and insisted he did nothing wrong. He echoed that claim Thursday when he filed a motion to dismiss the charges.“The incumbent administration has charged President Trump for acts that lie … at the heart of his official responsibilities as President,” the filing said. “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.”Trump also tried to discredit one of prosecutors’ main arguments, which is that Trump knew he had lost the election and still tried to overturn it. Trump’s lawyers have argued that Trump truly believed he had won and was simply following his lawyers’ advice.“The President’s motivations are not for the prosecution or this Court to decide,” the filing said. “Rather, where, as here, the President’s actions are within the ambit of his office, he is absolutely immune from prosecution.”Trump is unlikely to be successful, especially as his entire legal team has all but admitted to the crimes. His lawyer Alina Habba undermined his defense by admitting that “everybody was made aware that he lost the election,” and his lawyer John Lauro also publicly confessed that Trump asked then–Vice President Mike Pence to delay certifying the nation’s votes (which is illegal).Trump himself may have even undermined his own defense. In a September interview with NBC, he said that he was the one who made the final decisions regarding the 2020 election, not his lawyers.So given all of the evidence coming out of Trump’s own camp, it’s hard to see how he can successfully argue that he was carrying out his presidential duties in good faith.
Donald Trump is trying one more time to throw out the federal indictment against him for trying to overthrow the 2020 election, this time by claiming presidential immunity—an argument with very little merit.
Special counsel Jack Smith indicted Trump in August for his rule in the January 6 insurrection and other attempts to overturn the presidential election. Trump faces one count each of conspiracy to defraud the United States, conspiracy to corruptly obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against the right to vote.
Trump has repeatedly denied the charges and insisted he did nothing wrong. He echoed that claim Thursday when he filed a motion to dismiss the charges.
“The incumbent administration has charged President Trump for acts that lie … at the heart of his official responsibilities as President,” the filing said. “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.”
Trump also tried to discredit one of prosecutors’ main arguments, which is that Trump knew he had lost the election and still tried to overturn it. Trump’s lawyers have argued that Trump truly believed he had won and was simply following his lawyers’ advice.
“The President’s motivations are not for the prosecution or this Court to decide,” the filing said. “Rather, where, as here, the President’s actions are within the ambit of his office, he is absolutely immune from prosecution.”
Trump is unlikely to be successful, especially as his entire legal team has all but admitted to the crimes. His lawyer Alina Habba undermined his defense by admitting that “everybody was made aware that he lost the election,” and his lawyer John Lauro also publicly confessed that Trump asked then–Vice President Mike Pence to delay certifying the nation’s votes (which is illegal).
Trump himself may have even undermined his own defense. In a September interview with NBC, he said that he was the one who made the final decisions regarding the 2020 election, not his lawyers.
So given all of the evidence coming out of Trump’s own camp, it’s hard to see how he can successfully argue that he was carrying out his presidential duties in good faith.
