WASHINGTON Donald Trump is asking a federal judge to dismiss criminal charges against him based on his actions leading up to his Jan. 6, 2021, coup attempt because, as president, that coup attempt should be considered part of his presidential duties.

Trump lawyers Todd Blanche and John Lauro, in Thursdays 52-page filing to U.S. District Judge Tanya Chutkan, attempted to minimize Trumps actions leading up to the violent assault on the Capitol that day and that, regardless, the law allowed Trump to act based on his belief that the election had been stolen from him.

The indictment is based entirely on alleged actions within the heartland of President Trumps official duties, or at the very least, within the outer perimeter of his official duties, Blanche and Lauro wrote. As President Trump is absolutely immune from criminal prosecution for such acts, the court should dismiss the indictment.

President Trumps alleged Tweets and public statements about fraud in the election and the role of the vice president in the certification process were directly related to his contentions that: (1) the presidential elections outcome was tainted by fraud and other procedural irregularities, and (2) the U.S. Department of Justice and certain state governments had failed to adequately investigate and prosecute fraud and irregularities in the election, Blanche and Lauro wrote.

They also argued that Supreme Court precedent acknowledged that a president needed to be able to take bold and unhesitating action at times without fear of prosecution, and that was what Trump was doing.

Here, 234 years of unbroken historical practice from 1789 until 2023 provide compelling evidence that the power to indict a former president for his official acts does not exist, they wrote.

Blanche and Lauro also argued that the only allowable means of punishing a president for his actions was an impeachment trial and removal by the U.S. Senate .

Trump was, in fact, impeached by the House for inciting the Jan. 6 insurrection, and 57 senators including seven Republicans voted to convict him, even though he was already out of office. That figure was 10 shy of what was needed to convict, which would likely have been followed by a majority vote to ban Trump from federal office forever.