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Trump's attorney on charges of incitement to storm Congress: He has absolute immunity under the Constitution


Former US President Donald Trump's lawyer defended his January 6 speech, which was followed by the storming of the Congress building, saying he was protected under the First Amendment and had "absolute immunity" when he was running for office, according to CNN.


Trump argues in a Washington, DC court that his message to his supporters at the rally on January 6 was more like a constitutionally protected act from the presidency.


Trump's private attorney, Jesse Pinal, wrote in response to a lawsuit from Democratic Representative Eric Swallowell seeking to hold the former president accountable for the insurgency: “While in this position, former President Trump was free to call for the appointment and certification of electors, just as he was entitled to. Advocating for the passage or repeal of a constitutional amendment, or reconsideration of a law in Congress due to the right of veto. "


"The president does not directly participate in the actions of Congress ... and the allegations against Trump are directly inconsistent with the absolute immunity that the constitution grants to the president as a fundamental principle for the separation of powers," Piñal added.


Trump's legal team report also argues that Swallowall cannot file a lawsuit because the House of Representatives has already impeached Trump and has been prosecuted by the Senate.


Trump's attorneys also point out that if the former US president is held responsible for the revolt, Swallowell and the Democrats may be responsible for shooting House member Steve Scales in a baseball training in 2017, or for a neighbor who attacked Senator Rand Paul, according to the documents. It was acquired by the American Network.


"If similar lawsuits are filed on the basis of those incidents against Mr. Swallowell and his colleagues," Trump's attorney wrote in the documents submitted to the court, "they will inevitably present the same arguments, and rightly so. Adversaries or others who may find themselves in the way of enthusiastic supporters."

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