In a new twist to the federal election subversion case against Donald Trump, his lawyers are arguing that the indictment should be dismissed due to its violation of the former president’s free speech rights and its representation of a vindictive prosecution. As if his defense team couldn’t get any more creative!
Trump's lawyers file challenges to Washington election subversion case, calling it unconstitutional https://t.co/56KReSsEkj
— The Associated Press (@AP) October 24, 2023
The motions, filed late Monday, add to the defense’s previous claim that Trump is immune from federal prosecution for actions taken during his presidency. However, special counsel Jack Smith’s team has been swift to reject this argument and is expected to do the same with the current motions. Good luck with that one, Trump’s legal team!
It’s worth noting that defendants often request dismissal of charges, but such motions are rarely granted. However, in Trump’s case, the challenges to the indictment might, at the very least, delay the trial scheduled for next March. You can almost hear the sighs of relief coming from Mar-a-Lago!
These motions strike at the core of Trump’s recurring public defenses. He claims he’s being unfairly prosecuted by the Biden administration’s Justice Department for political reasons. He also argues that he was simply exercising his First Amendment right to challenge the election outcome and make baseless claims of fraud. Never mind that no courts, including those filled with his own appointees, found any evidence of widespread fraud.
Trump’s lawyers go on to claim that the prosecution is attempting to criminalize political speech, stating that even statements made in advocacy for government officials to act on one’s views should be protected by the First Amendment. Ah, the beauty of twisting the law to suit your needs! They also argue that the prosecution cannot criminalize claims of a stolen election or impose their views on the election’s integrity. They seem to be forgetting that the courts have already made their views quite clear on that matter.
In a final attempt to sweep things under the rug, the defense lawyers want any references to the Capitol attack on January 6th struck from the indictment. They argue that Trump has not been charged with inciting the riot, so it would be highly prejudicial to include these allegations in the trial. Nice try, but I doubt the jury will easily forget the images of a horned Viking wannabe parading through the Senate chamber.
In the end, it seems like Trump’s lawyers are throwing everything at the wall to see what sticks. From claims of political prosecution to asserting free speech rights, they are leaving no stone unturned. Regardless of what happens, one thing is for sure: the trial promises to be an entertaining spectacle for those of us eager to see accountability prevail.