Staff Reports
Former President Donald Trump's legal team is actively contesting the indictment brought against him by Special Counsel Jack Smith. In a series of motions submitted to U.S. District Judge Tanya Chutkan, Trump's attorneys have put forth several arguments in favor of dismissing the charges.
First and foremost, they assert that Trump's words and actions fall under the protection of the First Amendment. They argue that the First Amendment encourages such behavior and explicitly states that "Congress shall make no law … abridging the freedom of speech, … or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." In this context, they contend that Trump's actions should not be considered criminal.
Donald Trump’s legal team filed four motions in a late night frenzy on Monday surrounding the former president’s D.C. case.
In one, Trump filed a motion to dismiss his federal 2020 election subversion case, citing First Amendment rights surrounding… pic.twitter.com/uDuwCQoFYM
— Isabel Santos 🟧🟦🌊🌊🟦📙 (@Busyisaworkshop) October 24, 2023
Trump's legal team also emphasizes his previous acquittal in the 2021 Senate impeachment trial. They argue that the constitutional principles of impeachment and double jeopardy prevent further prosecution, stating that "the United States Senate has previously tried and acquitted President Trump for charges arising from the same course of conduct alleged in the indictment, which necessitates dismissal."
The second motion challenges the indictment's failure to provide a clear explanation of how Trump violated the relevant federal statutes. The third motion goes further, alleging that Trump is being selectively prosecuted for vindictive reasons. They claim that this case is a retaliatory response to Trump's decisions as Commander In Chief and his exercise of his constitutional rights.
Lastly, Trump's legal team requests that any mention of the January 6 riot at the Capitol be excluded from the case since Trump has not been charged with responsibility for those actions.
These motions make it evident that Trump's legal team is vigorously working to have the charges against him dismissed. They are invoking constitutional protections, highlighting the previous Senate acquittal, and raising concerns about selective prosecution. The outcome of Trump's legal battle will depend on how Judge Chutkan rules on these motions.
