Former President Donald Trump's legal team has filed a motion to dismiss the election subversion case in Georgia, claiming that Trump has presidential immunity and was conducting official acts during his investigation of unfounded election tampering allegations. The argument is based on the supremacy clause of the US Constitution, which the lawyers have invoked in previous cases to shield Trump from criminal prosecution. However, legal experts are calling the argument novel and laughable.
The federal government's role in overseeing state elections is limited, with the majority of the election process conducted by state officials. Trump's claim that calling Georgia to find votes is a federal duty is being widely dismissed by legal professionals. It appears to be a delay tactic, as well as an attempt to advance an argument that, since it has not been rejected by courts, could potentially be accepted. Trump's team may also be hoping for inconsistent rulings that could eventually lead the case to the Supreme Court.
The case is now before the federal Court of Appeals in the District of Columbia, and arguments on the same question will be heard tomorrow. A ruling is expected soon due to an expedited schedule. The outcome of the federal ruling could impact the Georgia state case, depending on whether the Supreme Court ultimately takes up the issue. If the Supreme Court chooses not to hear the case, the Georgia court may consider the persuasive authority of the federal ruling. However, if the Supreme Court does take the case, it could add several months to the timeline before a decision is reached.
The expedited schedule in the Court of Appeals suggests that a ruling may come swiftly, resolving the case in the federal level. The District of Columbia trial, which is on hold due to this issue, could proceed once a federal ruling is made. Ultimately, whether the Supreme Court or the Court of Appeals decides on the matter, their rulings will hold weight and guide any future decisions made by the courts in Georgia.
As the legal battle continues, the arguments put forth by Trump's team are receiving skepticism from legal experts and are unlikely to hold up against scrutiny. The case will unfold in the coming weeks and potentially involve multiple layers of judicial review as it navigates through the courts.
