Special counsel Jack Smith vehemently opposed former President Donald Trump’s efforts to have the election-related indictment against him dismissed, stating that Trump’s claims were “meritless,” according to court documents filed on Monday.
In the nearly 80-page document, prosecutors argued, “No other president has engaged in conspiracy and obstruction to overturn valid election results and illegitimately retain power. The indictment squarely charges the defendant for this conduct, and the defendant’s constitutional and statutory challenges to it are meritless.”
Smith responded to motions filed by Trump’s legal team, seeking the dismissal of the four federal charges, including conspiracy to defraud the U.S. and conspiracy to obstruct Congress’ certification of President Joe Biden’s 2020 election victory. Trump had pleaded not guilty to all charges and labeled the case as politically motivated while asserting his innocence.
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Trump’s lawyers contended that the former president’s actions were protected by the First Amendment, claiming he engaged in constitutionally protected speech. However, prosecutors countered, asserting that Trump used “deceit, trickery, or dishonest means” to defraud the U.S. based on accusations that he knowingly made false statements to the public and governmental officials.
The special counsel’s filings included explicit references connecting Trump to the U.S. Capitol siege on January 6, for which over 1,100 people have been charged. Smith alleged that Trump “directed” the crowd to the Capitol and later “exploited” the violence. Smith argued that the events of January 6 provided necessary context for the criminal conduct outlined in the indictment.
Smith emphasized Trump’s ongoing support for the rioters, pointing to statements where Trump called them “very special” and “great patriots,” while also describing January 6 as “a beautiful day.” Despite Trump’s claims of a politically motivated prosecution, Smith asserted, “The indictment is predicated on facts and law, not animus,” defending the case as rooted in equal justice under law.
Trump has attempted to have the case dismissed on multiple grounds, including claims of presidential immunity due to the actions occurring while he was president. The judge, Tanya Chutkan, has yet to rule on this argument, and Trump’s defense team has requested a pause in the proceedings, a move opposed by prosecutors.
The trial is currently scheduled for March, and Smith’s team argued against the requested stay, accusing Trump of attempting to disrupt and delay the court’s trial date and pretrial schedule for maximum disruptive effect.
