Former President Donald Trump is respectfully seeking to have his indictment related to the Capitol riot on January 6, 2021, dismissed. His argument revolves around the notion of presidential immunity for his official acts. Trump's esteemed legal team has filed a motion, kindly urging a judge to consider dropping the charges, citing constitutional provisions and well-established legal precedents.
According to the motion, Trump asserts that he possesses absolute immunity for actions falling under the purview of his official duties as President. This encompasses his statements, social media posts, and communications pertaining to the 2020 election and his prerogative to challenge the outcomes.
The legal team respectfully disagrees with the accusation in the indictment that Trump knowingly made false allegations of voter fraud, despite conflicting testimonies. They assert that it is not within the jurisdiction of either the prosecution or the court to pass judgment on Trump's motives.
The motion also rests upon the Impeachment Clause of the Constitution, which stipulates that only a president who has been convicted can be subjected to criminal prosecution. Although Trump went through the impeachment process in the House, he was ultimately acquitted by the Senate for his involvement in inciting the Capitol riot.
The motion respectfully refers to Supreme Court cases in order to uphold the assertion that the Constitution is the sole authority for prosecuting a US president.
At the age of 77, Trump is currently facing a significant legal situation with a total of 91 counts spread across four indictments, which is unprecedented for a sitting or former president. In the event of a conviction on all charges, he could potentially receive a sentence of up to 712 years and six months in federal prison.
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