Trump lawyers seek dismissal of charges in federal election subversion case and removal of January 6 attack references from indictment

Trump’s Attorneys File Motions to Dismiss Charges

Citing First Amendment Rights:

Attorneys representing Donald Trump have filed several motions requesting the dismissal of charges against the former president in the election subversion case. They argue that the charges violate Trump’s First Amendment rights and are the result of a “selective and vindictive prosecution.”

Advocating for Integrity in Elections:

Trump’s legal team asserts that the millions of people who believe in the existence of election fraud and irregularities share the same views as the former president. They emphasize that Trump not only voiced these concerns but also demanded action from politicians to investigate and resolve the problems.

The First Amendment and Political Advocacy:

His attorneys contend that Trump’s actions following the 2020 election are protected under the First Amendment. They argue that the long-standing tradition of forceful political advocacy in the United States means that Trump could not have anticipated that his advocacy would be treated as a criminal act.

Due Process Clause:

Trump’s legal team asserts that the charges should be dismissed under the Due Process clause as well.

Failure to Prove Charges:

Trump’s attorneys also argue that the indictment itself fails to provide sufficient evidence to support the charges. They specifically point out that the indictment does not claim that Trump used deceit or trickery in setting up the alternate slate of electors after Joe Biden’s electoral victory.

Political Hit Job:

Among their multitude of legal arguments, Trump’s lawyers claim that the prosecution itself amounts to a political hit job.

Flawed Effort to Insulate Biden:

Trump’s attorneys highlight that the Special Counsel was appointed shortly after Trump announced his candidacy, suggesting a flawed attempt to protect Biden and his supporters from scrutiny. They argue that the selective prosecution from Special Counsel Jack Smith is evident in the charges against Trump for actions he took while serving as president.

Striking Mentions of the Capitol Attack:

In their filings, Trump’s legal team also requests the removal of allegations related to the January 6, 2021, US Capitol attack mentioned in the indictment. They contend that Trump is not being charged with responsibility for the attack, and such references could unfairly prejudice the jury against him.

Dismissal of Charges:

Trump is facing four counts in the case, including conspiracy to defraud the United States and obstruct an official proceeding. However, his attorneys argue for the dismissal of these charges, stating that he has pleaded not guilty and that the charges lack sufficient evidence.

Read More of this Story at www.cnn.com – 2023-10-24 10:09:00