In a slew of court filings late Monday, attorneys for Donald Trump filed several motions asking the judge overseeing the election subversion case in Washington, DC, to dismiss the charges against the former president on grounds that, among other things, they violate his First Amendment rights and are the product of a โselective and vindictive prosecution.โ
โCountless millions believe, as President Trump consistently has and currently does, that fraud and irregularities pervaded the 2020 Presidential Election,โ his attorneys wrote. โAs the indictment itself alleges, President Trump gave voice to these concerns and demanded that politicians in a position to restore integrity to our elections not just talk about the problem, but investigate and resolve it.โ
His attorneys argued that โthe First Amendment embraces and encouragesโ Trumpโs actions in the wake of the 2020 election, adding that because of the โtradition of forceful political advocacyโ in the US, the former president โlacked fair notice that his advocacy in this instance could be criminalized.โ
The court, his attorneys wrote, should therefore dismiss the charges โunder the Due Process clause as well.โ
Trumpโs attorneys also said the counts against him should be dismissed because the indictment itself fails to prove the charges, arguing that โamong other things โ the indictment never claims Trump used โdeceit or trickeryโ in allegedly setting up the alternate slate of electors following Joe Bidenโs electoral victory.
Within the plethora of legal arguments as to why the charges against Trump should be dismissed, his attorneys also argued that the prosecution itself essentially amounts to a political hit job.
โThree days after President Trump formally announced his candidacy, the Special Counsel was put in place as part of a flawed effort to insulate…
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