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On Friday, a federal judge, U.S. District Judge Tanya Chutkan, delivered a ruling that denied two of the motions filed by former President Donald Trump seeking the dismissal of the federal election interference case against him.
Judge Chutkan’s first ruling rejected the motion asserting that presidents have absolute immunity from criminal prosecution for actions within their official duties, unless they have been impeached and convicted in the Senate. In her opinion, she stated that the Constitution’s text, structure, and historical context do not support this claim. She emphasized that no court or government branch had ever accepted this argument, and she refused to do so, stating that being the sitting President doesn’t provide a lifetime “get-out-of-jail-free” card.
Additionally, Judge Chutkan ruled against Trump’s argument that his indictment violated the First Amendment. She stated that the First Amendment does not protect speech used as a tool for criminal activity, and since the indictment accused Trump of making statements in furtherance of a crime, it did not violate his First Amendment rights.
Trump still has two outstanding motions to dismiss the D.C. case based on statutory grounds and claims of selective or vindictive prosecution.
The charges against Trump include four counts of criminal conduct related to conspiracy to defraud the U.S. following his loss in the 2020 presidential election to Joe Biden. Trump has maintained his innocence and publicly criticized the allegations.