Trump’s legal team seeks to dismiss election subversion charges
Trump's lawyers argue Supreme Court rulings invalidate election subversion charges
Donald Trump’s legal team is pushing to dismiss the four-count indictment related to the 2020 election subversion. This move follows the unsealing of evidence against him. They referenced a June Supreme Court ruling in Fischer v. United States, which narrowed the application of the charge of obstructing an official proceeding included in the indictment.
In their motion to dismiss, Trump’s lawyers argued that the indictment misapplies statutes and falsely implicates Trump in the January 6, 2021 Capitol events. The Supreme Court’s decision in Fischer requires proof that individuals attempted to tamper with or destroy documents to apply the obstruction charge. Justice Ketanji Brown Jackson joined conservative justices in this ruling. This decision has impacted numerous Justice Department cases related to the Capitol riot.
Trump’s legal team contends that the Special Counsel cannot show the necessary connection between the alleged obstruction and any evidence used in the certification proceedings, nor prove corrupt intent. Two of the charges Trump faces relate to obstructing or conspiring to obstruct an official proceeding.
“MAKE THEM RIOT”
Trump election case judge unseals special counsel motion on immunity
The 165-page document was filed by Smith as part of his argument that Trump can still be prosecuted for efforts to overturn his 2020 election loss #MOG8
https://t.co/9OjeJsCIig— Michael O'Grady (@mog7546) October 2, 2024
In addition to the Fischer ruling, Trump’s team is challenging the indictment based on a separate Supreme Court decision on presidential immunity. The Court affirmed that presidents have absolute immunity for official conduct but left it to lower courts to decide if this applies to the election subversion case. Smith’s team filed a 165-page motion arguing that the immunity decision does not cover the indictment against Trump.
US District Judge Tanya Chutkan has given Trump’s lawyers until November 7 to respond to Smith’s motion, which had prompted Trump’s outrage. Trump criticized the Justice Department on Truth Social, accusing it of political bias and prosecutorial misconduct, suggesting it was timed to affect the election.
Trump’s lawyers unsuccessfully tried to delay the release of the court filing until after the election. Judge Chutkan allowed the release of a redacted version, which Trump claimed was an attempt to influence the election. He stated that his poll numbers had risen despite the release.
The indictment against Trump was initially unsealed in August last year but was delayed due to the immunity challenge. Smith issued a revised indictment in August this year to align with the Supreme Court’s ruling. If Trump wins the election on November 5, he might use his position to dismiss the case, potentially ordering the Justice Department to drop it.
Trump is also facing a 10-count indictment in Georgia for election tampering, which is currently paused due to a legal challenge against Fulton County District Attorney Fani Willis. A separate 40-count indictment concerning classified documents was dismissed over the summer, but Smith is seeking to reinstate it. Trump has denied all wrongdoing and pleaded not guilty to all charges.
What Other Media Are Saying
- NBC News reports that Trump’s team claims he “resorted to crimes” to stay in office after his 2020 loss, arguing he acted as a private candidate, not president, in overturning election results.(read more)
- The New York Times article provides insights into the 2024 election, focusing on Vice President Kamala Harris’s relief efforts in Georgia, and a lackluster vice-presidential debate between JD Vance and Tim Walz.(read more)
Frequently Asked Questions
Here are some common questions asked about this news
What is Trump’s legal team trying to do with the 2020 election subversion indictment?
They are attempting to dismiss the indictment based on a Supreme Court ruling and presidential immunity.
What Supreme Court ruling is Trump’s team citing in their motion to dismiss?
They are citing the June ruling in Fischer v. United States related to obstruction of an official proceeding.
What does the Supreme Court’s Fischer v. United States ruling require prosecutors to prove?
Prosecutors need to prove individuals tried to tamper with or destroy documents when using the obstructing an official proceeding charge.
What argument is Trump’s team making regarding presidential immunity?
They argue that the Supreme Court’s decision on presidential immunity could apply to Trump’s actions.
What has been Trump’s public response to the release of the evidence against him?
Trump has claimed it is ‘prosecutorial misconduct’ and ‘election interference’ aimed at damaging his campaign.
