Former President Donald Trump’s legal team on Monday filed a motion in Fulton County, Ga., to have his alleged ‘election interference’ case tossed out on the basis of presidential immunity.

Newsmax reported that the motion was filed in Fulton County Superior Court by attorney Steve Sadow, who argued that Trump’s actions in the state following his 2020 election loss were related to his official duties.

“From 1789 to 2023, no president ever faced criminal prosecution for acts committed while in office,” Sadow argued in the motion, which was posted on X by CBS News. “That unbroken historic tradition of presidential immunity is rooted in the separation of powers and the text of the Constitution.”

“The indictment in this case charges President Trump for acts that lie at the heart of his official responsibilities as president. The indictment is barred by presidential immunity and should be dismissed with prejudice,” the filing said, CNN noted.

U.S. District Judge Tanya Chutkan, who is overseeing his Jan. 6 trial, rejected his motion that he is protected under presidential immunity clauses in the Constitution. That trial is currently on hold pending an appeal of her decision. The appeals panel will hear arguments from Trump’s attorneys and special counsel Jack Smith on Tuesday, Newsmax reported. CNN said that Trump is expected to attend that hearing.

Newsmax added:

Fulton County prosecutors have said they want the Georgia trial to begin in early August, which potentially could be in the middle of Trump’s presidential election campaign.

Trump currently is the clear front-runner in the race for the 2024 GOP presidential nomination.

The former president faces 13 charges in Fulton County, including a state Racketeer Influenced and Corrupt Organizations (RICO) count alleged against each of his co-defendants. He has pleaded not guilty to the charges.

“Making statements to the public on matters of national concern — especially matters involving core federal interests, such as the administration of a federal election — lies in the heartland of the President’s historic role and responsibility,” Sadow wrote, The Hill reported.