Attorneys representing former President Donald Trump have filed motions to dismiss charges against him in the federal election subversion case, asserting that the allegations infringe upon his First Amendment rights and constitute a “selective and vindictive prosecution.” The filings, submitted late Monday, urge the judge overseeing the case to drop the charges, citing a lack of evidence and claiming that Trump’s actions post-2020 election were protected under the First Amendment.
Trump’s legal team argued that the former president, in questioning the integrity of the 2020 Presidential Election, was exercising his right to free speech. “The First Amendment embraces and encourages” Trump’s concerns about election fraud, the attorneys contended, adding that he “lacked fair notice” that his actions would be considered criminal. They insisted that Trump’s advocacy was well within the bounds of the tradition of forceful political expression in the United States.
Furthermore, Trump’s attorneys contended that the indictment failed to demonstrate that Trump had used “deceit or trickery” in the formation of an alternate slate of electors following Joe Biden’s electoral victory. They asserted that the charges should be dismissed under the Due Process clause due to this lack of evidence.
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The defense team also alleged that the prosecution amounted to a political attack. They claimed that the appointment of Special Counsel Jack Smith, three days after Trump announced his candidacy, was part of a flawed effort to shield President Biden and his supporters from scrutiny, suggesting a biased motive behind the case.
Additionally, Trump’s lawyers moved to strike any references to the January 6, 2021, US Capitol attack in the indictment. They argued that these mentions were “highly prejudicial” against Trump, especially considering he was not being charged with responsibility for the events of that day. Trump’s defense team contended that including these allegations in the indictment could lead jurors to wrongly attribute blame to the former president for the actions of others.
In the election subversion case, Trump faces four counts, including conspiring to defraud the United States and obstructing an official proceeding. The latter charge has already been successfully brought against rioters who breached the Capitol on January 6. Trump pleaded not guilty to all charges in August, and the case continues to draw national attention as legal proceedings unfold.
