“the alleged criminal conduct underlying this indictment consists entirely of core political speech at the zenith of First Amendment protections. Political expression is the primary object of First Amendment protection, see, e.g., Mills v. Alabama, 384 U.S. 214, 218 (1966), and is afforded the broadest protection to “assure [the] unfettered interchange of ideas for the bringing about of political and social changes desired by the people,”
PRESIDENT TRUMP’S MOTION TO DISMISS ON DUE PROCESS GROUNDS AND MEMORANDUM IN SUPPORT
“The indictment in this case charges President Trump for acts that lie at the heart of his official responsibilities as President. The indictment is barred by presidential immunity and should be dismissed with prejudice,” the motion filed by Trump’s lawyer in the Georgia case reads.
PRESIDENT TRUMP’S MOTION TO DISMISS ON DUE PROCESS GROUNDS AND MEMORANDUM IN SUPPORT
Today’s filing in the Georgia ballot case reiterates what the former president’s lawyers have repeatedly asserted – that Trump was working in his official capacity as president when he allegedly undermined the 2020 election results and therefore has immunity.