Attorneys for Donald Trump have filed several motions in court, requesting the dismissal of charges against the former president in the election subversion case in Washington, DC. The motions argue that the charges violate Trump's First Amendment rights and are the result of a "selective and vindictive prosecution." Trump's attorneys state that he, along with countless others, believes that fraud and irregularities were present in the 2020 Presidential Election. They emphasize that Trump voiced these concerns and called for action to address the problem rather than just discussing it.
Trump's attorneys contended that the actions he took following the 2020 election were embraced and even promoted by the First Amendment. They further argued that due to the longstanding tradition of assertive political advocacy in the United States, the former president was not adequately informed that his advocacy in this particular case could be regarded as a criminal offense. Consequently, his attorneys maintained that the court should dismiss the charges based on the Due Process clause as well.
In addition to claiming that the indictment lacks evidence to prove the charges, Trump's attorneys argue that the counts should be dismissed for various reasons. One such argument is that the indictment fails to allege any instances where Trump employed "deceit or trickery" while allegedly establishing an alternative group of electors after Joe Biden's electoral triumph. Amidst a multitude of legal arguments, Trump's attorneys further contend that the prosecution is essentially a politically motivated attack.
"Following President Trump's official announcement of his candidacy, the Special Counsel was established in an attempt to shield Biden and his supporters from scrutiny regarding their blatant and illegal bias," Trump's legal team stated in their submission. They further argued that the prosecution of Trump for actions he took while in office demonstrates a biased approach from special counsel Jack Smith.
Additionally, Trump's lawyers requested the removal of allegations pertaining to the January 6, 2021, US Capitol attack mentioned in the indictment against him. They contended that Trump is not being charged with "responsibility for the actions at the Capitol" and argued that references to the attack could unfairly prejudice against him.
The allegations in the indictment pertaining to these actions, in the absence of any charges against President Trump, are extremely prejudiced and incendiary. This is concerning because members of the jury might erroneously attribute blame to President Trump for these actions.
Trump is confronted with four charges in the case, which comprise conspiring to defraud the United States and obstructing an official proceeding. The latter charge has already resulted in successful convictions of rioters who stormed the Capitol on January 6. In August, the former president entered a plea of not guilty.