Washington, Sep 11 (EFE).- Lawyers of former United States President Donald Trump asked a court Monday in Georgia to drop most charges the Republican faces for his alleged attempt to reverse the results of the 2020 elections in the state.
The former president’s representatives presented several petitions before Judge Scott McAfee, in Fulton County, asking him to adopt the same legal arguments presented by two of the 18 Trump associates who also face charges for trying to alter the elections.
Specifically, Trump’s legal team asked to adopt in his case the same legal defense that former New York Mayor Rudolph Giuliani and lawyer Kenneth Chesebro presented to argue that the charges be dropped.
Chesebro’s defense said last week before Judge McAfee that the US Constitution prohibited states from criminalizing actions that fall under “federal authority.”
The former president’s lawyers said in the document presented Monday that this same exception applies to several of the charges against Trump, including those of conspiracy.
There are 13 charges against the former president. The main one, violation of the state criminal association law (RICO), is known to be used against mafia members to ensure the leaders of a criminal association, and not just their subordinates, be accountable to justice.
This action comes days after his lawyers notified Judge McAfee that they are considering asking that the case be moved from a state court to a federal court.
His lawyers have a period of 30 days to make the request formal, which began on Aug. 31, when Trump pleaded not guilty to the charges.
Although Trump faces four criminal charges, the one from Georgia complicates his chances of avoiding jail the most, as being a state case, he would be ineligible for a pardon if he is re-elected in 2024.
Under the US Constitution, a president cannot be pardoned in a state impeachment and, in the case of Georgia, the governor could not pardon him either.
If found guilty of all charges, the former Republican president could be sentenced to more than 76 years in prison.
One of the main pieces of evidence against him is the recording of a call from January 2021 in which he asked the Georgia State Secretary Brad Raffensperger to “find” 11,780 votes, one more than Democrat Joe Biden. EFE