Trump's legal team files motions calling for dismissal of charges

 October 25, 2023

Special Counsel Jack Smith made headlines this past August by indicting former President Donald Trump over his conduct following the 2020 election.

However, this week saw the former president's lawyers argue for what would amount to a legal miracle. 

Three motions asking that Trump's charges be dismissed

According to NBC News, Trump's team filed four motions with U.S. District Judge Tanya Chutkan late Monday evening which call for the case against him to be dismissed.

The lawyers maintained in the first motion that the former president's words were constitutionally protected by the First Amendment. What's more, they also noted that the 2021 Senate trial following his impeachment ended in an acquittal.

"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 stated.

"The First Amendment embraces and encourages exactly this kind of behavior, and therefore states in the clearest of terms that ‘Congress shall make no law ... abridging the freedom of speech, ... or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances,'" it continued.

Lawyers say Smith hasn't made a case

"The indictment, taken as true, violates this core principle as to each count. Accordingly, the Court should dismiss the indictment in its entirety," the motion insisted.

"The Constitution’s plain text, structural principles of separation of powers, our history and tradition, and principles of Double Jeopardy bar the Executive Branch from seeking to re-charge and re-try a President who has already been impeached and acquitted in a trial before the U.S. Senate," it added.

The second motion declares that Smith's indictment fails to explain how Trump violated the federal statutes in question.

"As explained herein, the reason the prosecution employed this tactic is plain — President Trump did not violate the charged statutes, even accepting the prosecution’s false allegations as true," the motion stated.

Motion asks that prosecutors be barred from mentioning January 6

Meanwhile, the third motion alleges that Trump is being subjected to prosecution on a selective basis and for vindictive reasons.

"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," it read.

Finally, Trump's team also filed a separate fourth motion on Monday night which asked that any reference to the January 6 riot on Capitol Hill be barred.

"Because the Government has not charged President Trump with responsibility for the actions at the Capitol on January 6, 2021, allegations related to these actions are not relevant and are prejudicial and inflammatory," it contended.

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