Trump invokes ‘presidential immunity’ in January 6 case, echoing Nixon
Trump’s lawyers submitted a 50-page document to the U.S. District Court for the District of Columbia, stating that a president is absolutely immune from prosecution
WASHINGTON – Former President Donald Trump has appealed to a federal judge in Washington to dismiss the charges related to January 6, referring to presidential immunity.
The argument is similar to another former President Richard Nixon’s 1977 stance, which implied that certain actions by a president can’t be deemed illegal if done within the scope of their office.
Trump’s lawyers submitted a 50-page document to the U.S. District Court for the District of Columbia, stating that a president is “absolutely immune from prosecution” if their actions fall within their official duties.
They cited the Supreme Court case, Nixon v. Fitzgerald, where the court decided 5-4 that a president cannot be held liable for damages if the actions were within his official responsibility.
Currently, Trump is facing four criminal counts related to January 6, initiated by U.S. Special Counsel Jack Smith.
The charges involve conspiracies to defraud the U.S. government and against rights.
Despite pleading not guilty to these, they are part of over 90 charges spread across four cases against him.
In contrast, the Justice Department argued that official duty does not offer blanket immunity for all presidential actions.
They emphasized that inciting imminent violence might not be covered by this immunity.
“In the United States’ view,” DOJ added, “such incitement of imminent private violence would not be within the outer perimeter of the office of the president of the United States.”