Donald Trump's lawyers are raising new challenges to the federal election subversion case against him in Washington. The Trump lawyers are telling a judge the indictment should be dismissed because it violates the Republican former president’s free speech rights and represents a vindictive prosecution.
Republican presidential candidate former President Donald Trump arrives to board his plane at Manchester-Boston Regional Airport, Monday Oct. 23, 2023, in Londonderry, N.H. Republican presidential candidate former President Donald Trump gestures as he prepares to depart Manchester-Boston Regional Airport, Monday Oct. 23, 2023, in Londonderry, N.H. Republican presidential candidate former President Donald Trump speaks at a campaign rally Monday Oct. 23, 2023, in Derry, N.H.
The motions filed late Monday in the case charging the Republican with plotting to overturn the results of the 2020 election he lost are on top oflast week to reject that argument and is expected to do the same for the latest motions. It is routine for defendants to ask a judge to dismiss the charges against them, but such requests are rarely granted.
Taken together, the motions cut to the heart of some of Trump’s most oft-repeated public defenses: that he is being prosecuted for political reasons by the Biden administration Justice Department and that he was within his First Amendment rights to challenge the outcome of the election and to allege that it had been tainted by fraud — a finding not supported byJudge orders release of man who was accused of plotting IS-inspired truck attacks near WashingtonThe lawyers claim prosecutors are...
“The fact that the indictment alleges that the speech at issue was supposedly, according to the prosecution, ‘false’ makes no difference,” the defense wrote. “Under the First Amendment, each individual American participating in a free marketplace of ideas — not the federal Government — decides for him or herself what is true and false on great disputed social and political questions.”
Smith’s team conceded at the outset of the four-count indictment that Trump could indeed lawfully challenge his loss to Democrat Joe Biden but said his actions went far beyond that, including by illegally conspiring to block the official counting of electoral votes by Congress on Jan. 6, 2021, when rioters who supported himand caused a violent clash with police and a delay to the proceedings. A spokesman for Smith declined to comment on Tuesday.
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