Trump tries to get 2020 election case dismissed

By 
 October 7, 2023

Former President Donald Trump has asked the court to dismiss the so-called 2020 election interference case that has been brought against him. 

Trump's legal team, according to the New York Timesfiled a motion to dismiss in Washington, D.C.'s, federal district court on Thursday.

This regards the case that special counsel Jack Smith, on behalf of the Biden administration, has brought against Trump regarding Trump's attempt to challenge the results of the 2020 presidential election.

Trump has already pled "not guilty" to the charges, and, now, he is looking to get the case thrown out.

Trump's motion

In their motion to dismiss, Trump's legal team argues that the former president is immune from prosecution for the charges that Smith has brought against him.

The reason that Trump is immune from prosecution, according to his legal team, is that he performed those post-2020 election actions in his official capacity as president of the United States.

In the motion to dismiss, John Lauro, Trump's lawyer, argues that Trump's actions were "efforts to ensure election integrity," and, accordingly, were "at the heart of" Trump's "official responsibilities as president."

For this reason, Lauro argues that Trump ought to be "absolutely immune from prosecution."

Lauro writes:

Here, 234 years of unbroken historical practice — from 1789 until 2023 — provide compelling evidence that the power to indict a former president for his official acts does not exist. No prosecutor, whether state, local or federal, has this authority; and none has sought to exercise it until now.

What of it?

The Associated Press describes this motion to dismiss as "the most pointed attack yet by defense lawyers on" Smith's indictment.

There is no doubt about that. This question now, though, is whether there is any real chance that Trump's motion will be granted.

The answer is almost certainly "no." This is because the judge who will be ruling on Trump's motion to dismiss is Judge Tanya Chutkan. Reports have highlighted the fact that Chutkan has deep Democratic ties - even ties to Hunter Biden.

If this was not bad enough, Chutkan has consistently demonstrated an anti-Trump bias. She, for example, was one of the judges who presided over some of the Jan. 6, 2021, cases. And, as such, she often handed out sentences that were harsher than those requested by prosecutors.

So, there is virtually no chance that Chutkan is going to grant Trump's motion to dismiss, regardless of how much merit the motion may have. Chutkan is there to do a job on behalf of the Democrats, and she has already made it clear that she is going to see this job through, no matter what.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
© 2015 - 2024 Conservative Institute. All Rights Reserved.