Attorneys representing ex-President Donald Trump filed a request on Monday to have the charges against him dropped in the criminal case regarding the 2020 election. They claimed in a series of documents that his actions, including his speech, were protected by the Constitution and that his prosecution is driven by political motives.
The filings presented to Judge Tanya Chutkan of the U.S. District Court right before the midnight cutoff aim to have the charges dropped., which
The ex-president of the United States is being accused.
Accused of illegally trying to impede the transition of power following his defeat in the 2020 presidential race.
defense team argued in their challenges to the four federal charges against him that Trump is being unfairly and unjustly targeted in a biased and vengeful manner.
The House’s decision to impeach and
The Senate’s decision of not guilty. following the
Prosecuting him on the U.S. Capitol is under consideration.
The court was requested to remove accusations in the indictment regarding events at the Capitol on January 6th.
The government did not accuse President Trump of being responsible for the events that occurred at the Capitol on January 6, 2021. They argued that any accusations related to these events are not pertinent and could potentially stir up bias and anger.
Trump hasto the four charges brought against him by special counsel Jack Smith. The trial in the case remains March 4, 2024. Chutkan
Despite continuous pleas from the former president’s team, she remains resolute in not changing the trial date.
The former president’s defense team argued, in their filing challenging the indictment based on constitutional grounds, that Trump’s actions were protected by the First Amendment as they were considered essential political expression and advocacy.
They claimed that according to the First Amendment, the government cannot make it a crime to state that the 2020 Presidential election was fraudulent. Additionally, they argued that the government cannot use legal action to enforce their own stance on a controversial political issue, such as the legitimacy of the 2020 Presidential election.
According to Trump’s legal team, Congress cannot retry the former president because they already initiated impeachment proceedings in the final days of his term and after he left office.
According to the authors, the Constitution, along with its clear language, structural principles of separation of powers, our country’s history and tradition, and the principle of Double Jeopardy, prohibits the Executive Branch from attempting to charge and try a president who has already been impeached and found not guilty in a trial by the U.S. Senate.
Some members of Congress argued that impeaching Trump was not the appropriate solution for the crimes he allegedly committed while in office, contrary to others who believed he could be prosecuted through the legal system for his involvement in the Jan. 6 attack.
The Republican leader, Mitch McConnell, stated that impeachment was never intended to be the ultimate means of achieving justice in America.
After casting a vote to clear Trump of charges, on the Senate floor.
Trump’s legal team argues that his prosecution is based on his actions of questioning the results of a presidential election, an act that has been undertaken by numerous individuals throughout the history of the United States.
“The indictment charges President Trump with crimes arising from his political advocacy on matters of public concern made in the middle of a disputed presidential campaign and election,” they wrote. “President Trump’s actions were inspired by and fully consistent with examples from many similar contested election disputes in our nation’s history.”
The defense team for Trump argued that the prosecution’s decision to file criminal charges was a deliberate and retaliatory act. They further claimed that the charges were brought forth by prejudiced prosecutors and were influenced by President Biden’s statement that Trump would not be successful in the 2024 presidential election.
On November 9th, prior to Trump’s announcement of his candidacy for the presidency, Mr. Biden stated to journalists, “I am ensuring that he does not become the next president again, within the bounds of our Constitution.”
The team supporting Trump claimed that “Joe Biden pressured the Department of Justice to pursue an indictment based on political motives, even though the FBI had not yet launched an investigation.”
Some individuals facing charges for their involvement in the January 6th Capitol attack have also made arguments of being unfairly targeted, but without success.
The expected legal strategy to have the case thrown out includes multiple arguments, as Lauro had previously informed Chutkan that they intended to present a significant amount of objections to the criminal charges.
Lauro stated during the Aug. 28 hearing that we will continue to return and debate the unique issues in this case. Chutkan laughed and replied, “I am eagerly anticipating it.”
Trump’s lawyers have already
stated in a submission
Earlier this month, it was argued that the charges should be dismissed as the person in question is protected by presidential immunity for any actions carried out within the “outer perimeter” of their official responsibilities.