UPDATE: Outline edited as original review cited Mar-a-Lago case, this is DC case.
As expected, the first legal motion to dismiss the DC January 6 case is based on the first constitutional application, presidential immunity. [Full Filing pdf HERE]
President Trump’s attorneys John Lauro and Todd Blanche say within their first filing that special prosecutor Jack Smith’s case against President Trump is an attempt to criminalize actions that were well within his White House duties, such as enforcing federal election laws.
“The Constitution, the Supreme Court, and hundreds of years of history and tradition all make clear, the President’s motivations are not for the prosecution or this Court to decide. Rather, where, as here, the President’s actions are within the ambit of his office, he is absolutely immune from prosecution.”
It is a strong and compelling argument, citing numerous prior cases and rulings on the plenary power of the executive and the constitutional establishment of the President as the absolute power within the executive branch. The argument hits one of three core tenets that Jack Smith has used to establish his case.





