Washington — Special counsel Jack Smith is refuting attempts by former President to have the election-related indictment against him dismissed in Washington, D.C., according to court filings docketed Monday.
“No other president has engaged in conspiracy and obstruction to overturn valid election results and illegitimately retain power,” prosecutors wrote in a nearly 80-page document. “The indictment squarely charges the defendant for this conduct, and the defendant’s constitutional and statutory challenges to it are meritless.”
The special counsel responded to motions by Trump’s legal team requesting federal Judge Tanya Chutkan to dismiss the four federal charges filed against the former president in Washington, D.C. earlier this year. The charges include conspiracy to defraud the U.S. and conspiracy to obstruct Congress’ certification of President Joe Biden’s 2020 election victory. Trump has pleaded not guilty to all charges and denied wrongdoing, portraying the case as politically motivated.
Last month, Trump’s lawyers argued that the former president was exercising constitutionally protected speech during the alleged conduct and his Senate impeachment trial. They claimed this should prevent further criminal prosecution. However, prosecutors countered each claim and stated that Trump used deception and dishonest means to perpetrate his scheme. They argued that any speech related to the conspiracy, fraud, and obstruction crimes charged in the indictment is not protected by the First Amendment.
The special counsel’s arguments on Monday linked Trump to the U.S. Capitol siege on Jan. 6, for which over 1,100 people have been charged. Smith alleged that Trump “directed” a large crowd to the Capitol and later “exploited” the violence. In a separate filing, Smith emphasized Trump’s continued support of the defendants and his positive comments about the events of Jan. 6.
Trump has claimed that the case against him is politically motivated, but the special counsel dismissed these claims in another court filing, stating that the indictment is based on facts and law, not animus. Trump’s defense team is also arguing for presidential immunity, asserting that he is shielded from prosecution for actions performed while he was president. The judge has yet to rule on this argument.
Despite Trump’s attempts to dismiss the case, Smith’s team opposes further delays and disruptions in the trial proceedings. Trial is currently scheduled for March.
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