WASHINGTON, Oct 20, 2023 (BSS/AFP) - Federal prosecutors on Thursday rejected
Donald Trump's attempt to have election conspiracy charges dismissed on the
grounds that he enjoys immunity for actions he took while in the White House.

"No one in this country, not even the president, is above the law," special
counsel Jack Smith's team wrote in a 54-page motion filed with the judge
presiding over the landmark case.

Trump, the frontrunner for the 2024 Republican presidential nomination, is to
go on trial in Washington in March of next year for allegedly conspiring to
subvert the results of the November 2020 election won by Democrat Joe Biden.

The former president's lawyers, in a motion two weeks ago to US District
Judge Tanya Chutkan, argued that the charges should be thrown out because
Trump is "absolutely immune from criminal prosecution."

Prosecutors in the special counsel's office dismissed that argument and urged
Chutkan to deny Trump's request.

"He is subject to the federal criminal laws like more than 330 million other
Americans," they said. "No court has ever alluded to the existence of
absolute criminal immunity for former presidents.

"The implications of the defendant's unbounded immunity theory are
startling," they added.

"It would grant absolute immunity from criminal prosecution to a president
who accepts a bribe in exchange for a lucrative government contract for a
family member," they said, or "a president who sells nuclear secrets to a
foreign adversary."

Trump's bid to invoke the presidential immunity defense is seen as a long
shot by legal observers but it could result in a delay to the start of the
trial as the argument potentially winds its way up to the conservative-
dominated Supreme Court.

Trump's attempts to use the "absolute immunity" defense in other cases have
been rebuffed by judges, but the nation's highest court has never ruled
directly on whether a former chief executive is immune from criminal
prosecution.

Trump is the first former US president to face criminal charges.

- 'Unsettled question' -

Trump's attorneys, citing a Supreme Court case involving former president
Richard Nixon, said the law provides "absolute immunity" to the president
"for acts within the 'outer perimeter' of his official responsibility."

As chief executive, they argued, Trump had a responsibility to "ensure
election integrity" and was within his rights to challenge the results of the
2020 vote.

"As President Trump is absolutely immune from criminal prosecution for such
acts, the Court should dismiss the indictment," they said.

While making the argument that Trump cannot be prosecuted, his lawyers
acknowledged the Nixon case they cited involved the civil liability of a
former president and not alleged criminal conduct.

"The question remains a 'serious and unsettled question' of law," they said.

The case before Chutkan accuses Trump of conspiracy to defraud the United
States and conspiracy to obstruct an official proceeding -- the January 6,
2021 joint session of Congress that was attacked by a mob of Trump
supporters.

Other criminal cases against Trump include racketeering charges in Georgia
for allegedly conspiring to upend the election results in the southern state
and a trial in Florida in May 2024 on charges of mishandling top secret
government documents.

Trump and his two eldest sons are also currently involved in a civil fraud
trial in New York for allegedly inflating the value of their real estate
assets to receive more favorable bank loans and insurance terms.