Former President Donald Trump’s legal team submitted their motions just before the Monday midnight deadline to seek the dismissal of charges pertaining to the January 6 Capitol breach and allegations of election interference.
According to The Hill, these motions from Trump’s legal team echo many of the statements he frequently made during his campaign.
Trump maintains his innocence while asserting that the Department of Justice (DOJ) has been politicized under the Biden administration. He alleges that DOJ agencies have displayed significant political bias in his case and believes he has the right to raise concerns about the 2020 election’s integrity.
Trump specifically criticizes the prosecutorial methods employed by Special Counsel Jack Smith, Attorney General Letitia James, and District Attorney Fani Willis, claiming to be a victim of what he perceives as a coordinated “witch hunt.”
Earlier, Trump’s legal team submitted a motion for dismissal, contending that his status as a former President grants him immunity from prosecution. The Justice Department vehemently opposed this motion.
Breaking: Donald Trump files motion to dismiss his DC federal case on constitutional grounds. https://t.co/GTNRxSvI2h pic.twitter.com/pOGO66Zvu2
— Chris “Law Dork” Geidner (@chrisgeidner) October 24, 2023
Trump has voiced strong objections to the “gag orders” imposed by two separate judges, contending that these orders infringe upon his First Amendment rights and were enacted to restrict public awareness of alleged misconduct by justice system officials.
In a statement, Trump’s legal team argued, “The indictment’s claim that the speech in question was purportedly ‘false,’ as asserted by the prosecution, is inconsequential. According to the First Amendment, each American engaging in an open marketplace of ideas—rather than the Federal Government—determines what is true or false on contentious social and political matters.”
The motion asserts that there is a lack of evidence to prove that Trump intentionally made untrue statements or had the intent to mislead the public. The motion states:
“President Trump’s opinion on the subject was just that — an opinion formed based on his view of the available information. Virtually every American, including the cited public officials, had similar access to much of this same information, including a mountain of publicly reported facts and opinions, which were the subject of wall-to-wall media coverage throughout the post-election period and beyond.”
“Each official thus had every opportunity to form his or her own conclusions, just like President Trump.”
Attorneys representing Trump assert that the numerous charges filed against their client by the DOJ supported by the Biden administration are intended to sideline a political opponent.
The motion also highlights the uncommon urgency shown by the prosecution in expediting trials, aiming to potentially impact Trump’s campaign activities leading up to the 2024 election.
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— Isabel Santos 🟧🟦🌊🌊🟦📙 (@Busyisaworkshop) October 24, 2023
Donald Trump’s legal team filed four motions in a late night frenzy on Monday surrounding the former president’s D.C. case.
In one, Trump filed a motion to dismiss his federal 2020 election subversion case, citing First Amendment rights surrounding… pic.twitter.com/uDuwCQoFYM
The initial case brought against Trump by Jack Smith is anticipated to commence in March.