Trump seeks to dismiss election interference charges, saying he had presidential immunity

Image source, Getty Images

Donald Trump has asked a federal court to dismiss charges against him of election interference, arguing his role entitled him to “absolute immunity”.

Mr Trump’s lawyers say his attempts to cast doubt on the 2020 results fell within his duties as president.

His public statements were attempts at “ensuring the integrity of federal elections”, they added.

The indictment, brought by Jack Smith, alleges he made illegal attempts to stay in office.

It is one of a number of filings in recent days from his legal team.

Mr Trump has asked that this trial for improperly handling sensitive files be held after the 2024 presidential election.

And on Thursday, his lawyers also dropped a lawsuit against his ex-lawyer Michael Cohen, who he was suing for at least $500m (£410m) in damages.

Mr Trump’s campaign said that his legal suits and 2024 presidential campaign were using up too much of his time for him to pursue the claim.

The former president made a range of allegations about fraud in the 2020 presidential election, which he lost, but no evidence has emerged of any widespread fraud that would have altered the result.

In a new filing on Thursday, his lawyers argue that Mr Trump’s public statements about the 2020 contest “lie firmly within the ‘outer perimeter’ of the President’s official responsibility”.

Image source, US Department of Justice

“Therefore, they cannot form the basis of criminal charges against President Trump.”

In the criminal complaint against the former president, special prosecutor Jack Smith acknowledged that Mr Trump “had a right, like every American, to speak publicly about the election and even to claim, falsely, that there had been outcome-determinative fraud during the election and that he had won”.

However he said that Mr Trump went further than allowed and “also pursued unlawful means of discounting legitimate votes and subverting the election results”.

The former president has repeatedly said the cases against him are politically motivated.

Mr Trump’s attorneys have also requested the dismissal of 34 felony charges of falsifying business records. The request was publicly released on Thursday, after his lawyers filed the motion last week.

The case, in New York, stems from his payment of $130,000 (£105,000) to adult film actress Stormy Daniels, who says she was paid to stay quiet after having sex with him.

Prosecutors say Mr Trump illegally altered records in order to claim that the payment was for legal fees.

In the legal filing, his lawyers call the case a “five-year meandering, halting, and roving investigation that entailed inexplicable and unconstitutional delay” and argue that the charges are a novel interpretation of the law and “politically driven”.