Case of January 6: Trump invokes presidential immunity, calls for charges to be dropped

The former president's representatives also asked that the trial over the classified Mar-a-Lago documents be postponed until after the election.

The legal defense of former President Donald Trump argued before the Columbia court that his client enjoys presidential immunity in relation to the charges against him for alleged electoral interference on January 6.

According to Trump's lawyers, what happened at the time of the events criticized by the Department of Justice occurred within a framework of presidential action, under the umbrella of the immunity enjoyed by the tenant of the White House.

"Breaking 234 years of precedent, the acting Administration has accused President Trump of acts that fall not only within the 'outer perimeter,' but at the heart of his official responsibilities as president," Trump's defense maintains in a motion which he delivered to the court this Wednesday. Responsibilities defended by presidential immunity that allows the president to carry out his duties without fear of legal reprisals from the opposition.

The key to this new defense resource lies in the fact that the charges presented by special prosecutor Jack Smith respond to events that occurred prior to the end of Trump's term as president, which he was then serving while awaiting Biden's appointment. For this reason, and by virtue of presidential immunity, the defense asked Judge Chutkan to dismiss all charges brought against Trump.

The prosecution falsely claims that President Trump's motives were impure, that he allegedly 'knew' that widespread reports of election fraud and irregularities were false, but tried to address them anyway. But as the Constitution, the Supreme Court, and hundreds of years of history and tradition make clear, the president's motivations are not for the prosecution or this court to decide.

It is not the only resource that Trump's defense deployed throughout the case. His lawyers also asked weeks before for Judge Chutkan's recusal. According to the defense, the judge is not suitable to handle the case due to some statements and opinions she issued about the events of January 6. Chutkan also has a close relationship with the Democratic Party. She donated money to Barack Obama's campaign and was nominated to her position as a federal judge by his Administration.

Chutkan dismissed the defense's request for recusal and this Wednesday Donald Trump pleaded not guilty to all charges. The trial continues as scheduled and will be held on March 4.

Postpone trial of classified documents

In parallel with the case that Trump is pursuing in Columbia, his lawyers also took a new initiative on the Florida front. They filed a form asking Judge Aileen Cannon for their trial to be postponed.

The former president's team requested through a formal document that the trial be held "at least mid-November 2024." Trump's legal team in Florida argues that he needs that time to properly prepare his defense, in light of the additional errors brought to trial by the prosecution.