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Judge to Rule on Motion to Dismiss Criminal Charges Against Former President Donald Trump

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Key takeaways:

  • Trump’s lawyers argued that the indictment is based on alleged actions within the heartland of Trump’s official duties, or at least within the “outer perimeter” of his official duties.
  • The filing also argues that Trump has presidential immunity from prosecution for actions performed within the “outer perimeter” of his official responsibility.
  • Trump’s lawyers claim that the Justice Department is attempting to punish Trump for his political views and that the charges are an attempt to silence him.

A federal judge is being asked to dismiss criminal charges against former President Donald Trump for his actions leading up to the Jan. 6, 2021, coup attempt. Trump’s lawyers, Todd Blanche and John Lauro, argued in a 52-page filing to U.S. District Judge Tanya Chutkan that the indictment is based entirely on alleged actions within the heartland of Trump’s official duties, or at the very least, within the “outer perimeter” of his official duties.

The filing argues that Trump has presidential immunity from prosecution for actions performed within the “outer perimeter” of his official responsibility. It also attempts to minimize Trump’s actions leading up to the violent assault on the Capitol that day, claiming that the law allowed Trump to act based on his belief that the election had been stolen from him.

The filing is the latest in a series of legal challenges to the criminal charges against Trump. In March, Trump’s lawyers argued that the charges should be dismissed because they violated the Constitution’s Speech or Debate Clause, which protects members of Congress from being prosecuted for their official acts.

The filing also argues that the charges should be dismissed because the Justice Department’s decision to charge Trump was politically motivated. Trump’s lawyers claim that the Justice Department is attempting to punish Trump for his political views and that the charges are an attempt to silence him.

The judge has yet to rule on the motion to dismiss the charges. If the motion is denied, Trump could face trial on the charges, which include obstruction of Congress and incitement of insurrection. It remains to be seen how the judge will rule on the motion, and what the outcome of the case will be.

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