Attorneys for former President Donald Trump requested that the charges brought against him in relation to the aftermath of the 2020 election be dropped. The move could have significant ramifications, including a possible battle between legal teams before the Supreme Court.
Trump’s attorneys are requesting that United States District Judge Tanya Chutkan dismiss the charges filed by special counsel Jack Smith against the former president. This indictment included four federal felony charges related to Trump’s actions after the 2020 election, including his statements prior to the Jan. 6, 2021 protests at the U.S. Capitol.
The filing cites precedents from previous cases, including those decided by the Supreme Court.
“No court has addressed whether such Presidential immunity includes immunity from criminal prosecution for the President’s official act,” the legal team said.
Should the judge dismiss the Trump legal team’s request, the former president would be able to appeal the ruling to the United States Court of Appeals for the District of Columbia Circuit.
Such a filing could set up a quick decision by Chutkan which could be appealed and set up a wider case that could reach the Supreme Court.
The former president’s attorneys also filed an appeal to dismiss charges brought by Manhattan District Attorney Alvin Bragg (D) related to an alleged short relationship between Trump and former adult actress Stormy Daniels.
If Judge Chutkan denies Trump's motion to dismiss the DC indictment, T has right to interlocutory appeal to DC Circuit. If DC Circuit affirms Chutkan I have no doubt there will be four votes to grant cert. Odds that SCOTUS decides case before Election Day? https://t.co/1jzfTqdmZR
— legalnerd (@alegalnerd) October 5, 2023
The move follows an earlier request by the Trump legal team to have Chutkan recuse herself from presiding over Trump’s case.
The judge has denied a number of legal maneuvers by the former president’s legal team of late, including one to delay the trial.
The attorneys for Trump said that the current case was “the first of its kind in American history.”
“Many, if not most, of President Trump’s motions address wholly unique areas of the law that have never been litigated,” they wrote. “To lodge these motions properly, counsel requires time to fully research and develop each issue and appraise the court of relevant authorities.”