WASHINGTON (AP) — Lawyers for Donald Trump are raising new challenges to the federal election subversion case against him, arguing for the dismissal of the indictment on the grounds that it violates the former president’s constitutional right to free speech and constitutes a vindictive prosecution.
In a series of late Monday filed motions, Trump’s attorneys introduced additional challenges to the case, which accuses the Republican of plotting to overturn the 2020 election results. These challenges are in addition to a pending argument by defense attorneys asserting presidential immunity from federal prosecution for actions taken in his official capacity.
Special counsel Jack Smith’s team urged a judge last week to reject the immunity argument and is expected to do the same regarding the latest motions. While it is common for defendants to seek the dismissal of charges, such requests are rarely granted. However, in Trump’s case, these challenges could potentially cause a delay in the trial scheduled for Washington in March.
These motions strike at the core of Trump’s frequent public defenses, emphasizing claims of a politically motivated prosecution by the Biden administration’s Justice Department, and his belief that he had the First Amendment right to contest the election results and raise allegations of fraud. These claims, however, lack support from courts across the country and even Trump’s own attorney general.
The defense lawyers argue that the prosecution is seeking to criminalize political speech and advocacy, asserting that First Amendment protections extend to statements made in support of government officials taking action based on personal views. They maintain that the prosecution cannot criminalize claims of a stolen 2020 Presidential election or impose its own perspective on a disputed political matter such as the integrity of the election.
“The fact that the indictment alleges the speech in question was ‘false,’ according to the prosecution, is irrelevant,” the defense states. “Under the First Amendment, each individual American participating in a free marketplace of ideas — not the federal Government — determines what is true or false regarding significant social and political matters.”
In their four-count indictment, Smith’s team acknowledged that Trump had the lawful right to challenge his loss to Democrat , but alleged that his actions went beyond that, including illegal conspiracy to obstruct the official electoral vote count on January 6, 2021. On that day, supporters of Trump stormed the Capitol, leading to a violent clash with police and a disruption of the proceedings. A spokesperson for Smith declined to comment on Tuesday.
The defense attorneys also argue that the prosecution against Trump, who is an early front-runner for the 2024 Republican presidential nomination, is driven by vindictiveness and political motives. They allege that “Biden’s publicly stated objective is to use the criminal justice system to incapacitate President Trump, his main political rival and the leading candidate in the upcoming election.” The defense also raises concerns about the appointment of Smith as special counsel by the Justice Department to allegedly protect Biden and his supporters from scrutiny.
Additionally, Trump’s lawyers request the removal of references to the pro-Trump mob’s attack on the Capitol on January 6, arguing that the prosecutors have not accused the former-president of inciting the riot.
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Richer reported from Boston.
