Trump’s lawyers seek dismissal of federal election case due to ‘vindictive’ prosecution.
Trump’s Legal Team Files Motions to Dismiss Election Case
Former President Donald Trump’s legal team has launched a strong defense against the government’s 2020 election case, filing a series of motions to dismiss the charges. These motions highlight constitutional violations and claim “selective and vindictive prosecution.”
In one of the motions, Trump’s attorneys point out that the prosecution acknowledges his right to publicly express his beliefs about the election, including his belief that it was stolen. However, they criticize the prosecution for simultaneously accusing him of conspiring to defraud the United States and obstruct an official proceeding.
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9/26/2023The defense argues that the indictment is an attempt to criminalize political speech protected by the First Amendment. They claim that Trump was not given fair notice that his advocacy could be considered criminal.
In another motion, Trump’s legal team asserts that the case should be dismissed because the indictment fails to state an offense. They criticize the prosecution for accusing Trump of crimes based on his political opinions.
The defense also questions the prosecution’s failure to explain how Trump’s actions violated specific laws, suggesting that this tactic is meant to distract from the lack of legal basis for the charges.
Furthermore, Trump’s legal team argues that the prosecution is politically targeting him at the request of President Joe Biden. They cite Biden’s remarks at a press conference in November 2022 as evidence of bias.
They highlight the timing of the appointment of the Special Counsel, which occurred shortly after Trump announced his candidacy for the 2024 election. The defense claims that this was an attempt to shield Biden and his supporters from scrutiny.
‘Inflammatory Allegations’
In a fourth motion, Trump’s legal team seeks to strike “inflammatory allegations” related to the Capitol breach on January 6. They argue that these allegations are irrelevant since Trump is not charged with responsibility for the events that took place that day.
The defense expresses concern that such allegations could prejudice the jury and wrongly attribute fault to Trump.
The indictment against Trump includes charges of criminal conspiracies, obstruction of the certification of votes for President Biden, and obstruction of an official proceeding. Trump has pleaded not guilty to these charges, as he has done with other ongoing criminal cases.
How do Trump’s attorneys assert that the charges of conspiracy to defraud the United States and obstruction of an official proceeding are baseless
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The motions argue that the charges against Trump are politically motivated and seek to silence his dissenting voice. They highlight the unprecedented nature of the prosecution and the potential danger it poses to free speech and democracy.
Trump’s legal team also challenges the validity of the evidence presented by the government. They claim that many of the allegations against Trump are based on unreliable sources and lack credible evidence. Furthermore, they argue that the government’s case relies heavily on speculation and inference rather than concrete facts and direct evidence.
One of the main arguments made by Trump’s attorneys is that the charges against him violate his First Amendment rights. They assert that Trump’s statements about the election, although controversial, are protected speech under the Constitution. They argue that prosecuting him for expressing his beliefs sets a dangerous precedent and undermines the fundamental principles of free speech and expression.
Additionally, Trump’s legal team contends that the charges of conspiracy to defraud the United States and obstruction of an official proceeding are baseless. They claim that these charges are a result of political bias and an attempt to punish Trump for his beliefs and actions during his presidency. They assert that Trump was well within his rights as the President to question the validity of the election and take legal actions to ensure its integrity.
The motions filed by Trump’s legal team represent a robust defense against the government’s 2020 election case. They bring to light the potential constitutional violations and highlight the politically motivated nature of the charges. As the case unfolds, it will be interesting to see how the court responds to these arguments and whether they will lead to the dismissal of the charges against the former President.
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