Trump motions to dismiss Washington election case

 October 25, 2023

Lawyers for former President Donald Trump filed motions Monday to dismiss his Washington case based on the Constitution.

The lawyers claim that Trump's free speech rights were violated, calling the case "vindictive prosecution."

The details

“Additionally, as the United States Senate has previously tried and acquitted President Trump for charges arising from the same course of conduct alleged in the indictment, the impeachment and double jeopardy clauses both bar retrial before this Court and require dismissal,” the filing states.

“This case, urged by Biden when many prosecutors and agents appropriately saw no basis for it, is a straightforward retaliatory response to President Trump’s decisions as Commander In Chief in 2020, his exercising his constitutional rights to free speech and to petition for the redress of grievances, and his decision to run for political office,” they wrote.

Trump's view

"Trump also said that he should be granted absolute immunity in the federal election interference case against him. The prosecution, led by special counsel Jack Smith, rebuked that argument in a filing last week," the Washington Examiner reported.

"Smith's team will also get a chance to respond to the newly filed motions within the next few weeks," it added.

Additional filings

"Another filing asks that references to the pro-Trump mob attack on the Capitol be stricken from the indictment because prosecutors did not accuse him of inciting it," Axios reported.

"They claim that references to Jan. 6 are not relevant and are 'prejudicial and inflammatory,'" it continued.

The response to the motions will likely not be known for some time. Trump's lawyers have sought in multiple indictments to push back court dates until after the 2024 election.

The news also comes as Trump's co-defendants in Georgia have turned to plea deals in the case. Former Trump lawyers Sidney Powell and Jenna Ellis are among the latest to plead guilty in deals in the indictment.

The Washington case is far from over but could potentially give Trump one less legal battle is his motions are accepted.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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