In August 2023, Fulton County District Attorney Fani Willis charged Trump and 18 others of conspiring to unlawfully overturn the 2020 election results in Georgia. One motion filed by Trump's attorney Steve Sadow, who leads his legal team, said Willis' indictment charges him for acts within the scope of his official responsibilities. They stressed the importance of preserving presidential immunity, asserting that the capacity to charge a current or former president "does not exist." (Related: New guilty pleas unlikely to bolster Georgia case against Trump.)
"The indictment in this case charges Trump for acts that lie at the heart of his official responsibilities as president," wrote Trump's lawyers. "The indictment is barred by presidential immunity and should be dismissed with prejudice. Such immunity is particularly appropriate for the president because the presidency involves especially sensitive duties; requires bold and unhesitating action; and would be crippled by the threat of politically motivated prosecutions."
The defense further contended that any communication between Trump and state officials regarding the 2020 election falls within his official duties as president: "Making statements to the public on matters of national concern – especially matters involving core federal interests, such as the administration of a federal election – lies in the heartland of the president’s historic role and responsibility."
Moreover, the lawyers claimed in other motions that the case brought by Willis should be dismissed on due process administrative grounds. The lawyers also argued that it should be dumped based on the Fifth Amendment, which prohibits charging a defendant twice with the same crime – under the concept of double jeopardy.
Willis, the district attorney responsible for indicting Trump in Atlanta, is a left-wing extremist who has rejected election outcomes in the past. She has a history of questioning election outcomes that were not in her favor.
For instance, in November 2020, Willis posted on her official Facebook account that she was "feeling annoyed" about the direction the election appeared to be taking. She even called for a team of lawyers to closely monitor the ballot counting process, particularly in Fulton County.
"A team of lawyers needs to watch them count every single vote. They can start in Fulton where we're having water leaks. What ballots are they throwing out? Georgia, let's give an honest accounting. No stunts," she wrote.
In other words, Willis has accused Trump and his team of planning a mysterious water leak to tamper with ballots and steal the election from President Joe Biden during the 2020 presidential election. But then, when Biden won, Willis went silent.
Moreover, Willis also questioned the tabulation process of ballots and even called for an official recount of ballots in Fulton County. She wrote on her social media accounts that all ballots in her country should "be counted again to make sure all votes count."
Ironically, Willis seemed to agree with Trump about issues in the voting system in Georgia. However, she later accused him of similar things she had said herself, such as advocating for an audit and recount. She indicted Trump for spreading conspiracy theories about the voting process despite expressing her left-wing views and distrust in elections.
Learn the latest news involving Trump's indictments at Trump.news.
Watch this episode of "Recharge Freedom" discussing how Trump's arrest and the release of his mugshot is destroying America and what it stands for.
This video is from the Recharge Freedom channel on Brighteon.com.
Donald Trump surrenders in Georgia over election case, gets historic mugshot taken.
‘Detailed but irrefutable’: Trump to present report on 2020 election fraud in Georgia next week.
Prosecutors reject Trump’s request for 2026 trial in federal election case.
Georgia district attorney prosecuting Trump has lengthy history of election denial.
Sources include: