Lawyers say ā€˜allegedly improperā€™ behavior by president falls within ā€˜outer perimeterā€™ of duties and is protected from prosecution

Lawyers for Donald Trump have urged a federal judge to dismiss the criminal case over his efforts to overturn the 2020 election results, advancing a sweeping interpretation of executive power that contends that former presidents are immune from prosecution for conduct related to their duties while in office.

The request to throw out the indictment, handed up earlier this year by a federal grand jury in Washington, amounts to the most consequential court filing in the case to date and is almost certain to precipitate a legal battle that could end up before the US supreme court.

In their 52-page submission to the presiding US district judge, Tanya Chutkan, Trumpā€™s lawyers essentially argued that Trump enjoyed absolute immunity from criminal prosecution because the charged conduct fell within the so-called ā€œouter perimeterā€ of his duties as president.

The filing contended that all of Trumpā€™s attempts to reverse his 2020 election defeat in the indictment, from pressuring his vice-president, Mike Pence, to stop the congressional certification to organizing fake slates of electors, were in his capacity as president and therefore protected.

Whether Trumpā€™s motion to dismiss succeeds remains uncertain: it raises novel legal issues, such as whether the outer perimeter test applies to criminal cases, and whether Trumpā€™s charged conduct even falls within a presidentā€™s duties.

  • Dkarma@lemmy.world
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    1 year ago

    Sued by stormy Daniels while pres and lost. You were saying?

    Your own link proves you wrong. It says they u canā€™t bring civil litigation for acts he committed while in office not that you cant bring civil suits against a standing president at all.

    • bassomitron@lemmy.world
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      1 year ago

      Wrong again. Read what I quoted closely. He got sued by Stormy for things he did that were not considered presidential duties. Additionally, it was for things he did before becoming president. Lastly, in Vance v Trump it straight up says that the president is not immune from criminal subpoenas. Fucking hell, man, reading comprehension.

      • Dkarma@lemmy.world
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        1 year ago

        Yeah yours. U just said what I said and proved me right again

        Iā€™ll repeat it because youā€™re retarded.

        A sitting president can be convicted of civil offenses while president of the offenses did not occur while they were president.

        • bassomitron@lemmy.world
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          1 year ago

          Except thatā€™s not what you said originally. Way to try gaslighting and changing your original argument, though. Fuck off and have a great day, Iā€™m done responding to obvious baiting.

          • Dkarma@lemmy.world
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            1 year ago

            Except I only said trump was subject to civil suits as president which is correct.

            You really look the fool haha.

            • bassomitron@lemmy.world
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              1 year ago

              No, you said heā€™s only immune to criminal chargesā€¦ The first comment said, ā€œonly applies to civil cases,ā€ and you said, ā€œitā€™s actually the opposite.ā€ I proved that was not true, because he isnā€™t immune to criminal cases but he IS immune to civil cases that fall within ā€œthe outer perimeter.ā€ You then misconstrued the Stormy Daniels civil lawsuit as falling within that category, which it does not and why he lost that case.

              Iā€™m for real done responding to you.