Former President Trump on Thursday argued that his federal election interference charges do not stand after the Supreme Court ruled in favor of the January 6 rioters.
of 14-page dismissal motion This marks President Trump's latest effort to throw out Special Counsel Jack Smith's indictment as each side fights separately over whether the Supreme Court's new presidential immunity doctrine should end the prosecution. be.
“The superseding indictment stretches generally applicable law beyond its breaking point by falsely alleging that President Trump bears some responsibility for the events at the Capitol on January 6, 2021. ,” Trump's lawyers said in a new filing.
The ruling centered primarily on the justices' 6-3 decision, not along ideological lines, when the Justice Department charged numerous rioters on January 6th with obstruction of justice. It is being expanded to.
Section 1512(c)(2) of the Act makes it a crime to “unauthorizedly” impede, impede, or impede an official inquiry or investigation by Congress, and prosecutors are attempting to obstruct Congress from certifying the results of the 2020 presidential election. He argued that the act he attempted was a crime. .
However, Joseph Fisher, a former police officer and mobster who challenged the charges, argued that the law had been applied unfairly, pointing to the law's origins in cases involving the destruction of documents. The justices sided with Fisher.
Since then, the Justice Department's high-profile Jan. 6 indictment has been noticeably influenced by this case, with the sentences of those already convicted being scrutinized and obstruction charges against several rioters completely dropped. It was done.
Trump, who is facing the same charges, claims the decision undermines his overall prosecution.
“President Trump's lawsuit should then be thrown out and, if not, dismissed,” Trump's lawyers said.
Trump's lawyers argued that the law is “not unlike” superseding indictments against former presidents, noting the law's history stemming from corporate document shredding scandals.
“Under Fisher, the agency has implemented sweeping provisions to criminalize activities that are selectively misperceived as nuisance and should be legal by people with opposing political views. ” they write.
Trump's motion comes as the case is effectively restarted now that the Supreme Court has laid out a broader test for assessing whether former presidents have impunity.
On Wednesday, Mr. Smith's office told U.S. District Judge Tanya Chutkan, who is overseeing the trial proceedings, that Mr. Trump, seeking to stay in power after losing the 2020 election in a major court challenge, Laying out a roadmap for the government's lawsuit over its efforts, prosecutors argued: Don't let the exemption decision derail you.
President Trump is expected to respond by November 7, immediately after the election.
As Chutkan considers the issue of immunity, he directed Trump to update his written argument by Thursday on why the case should be dismissed on statutory grounds.
Mr. Trump's motion focuses primarily on the Supreme Court's decision in the January 6 riot case, but it also reiterates existing claims about other deficiencies in the four indictments that Mr. Chutkan has not yet addressed. are.
