Biden’s ‘lock him up’ remark cited in Trump case dismissal motion
Trump's legal team uses Biden's remark to challenge 2020 election case
President Biden’s recent statement calling for Donald Trump to be locked up has been cited by Trump’s legal team in a motion to dismiss the federal 2020 election interference case. Trump’s attorneys filed the motion in the US District Court for the District of Columbia, arguing the case was unconstitutional from the start. They claim that Attorney General Merrick Garland violated the Constitution by appointing special counsel Jack Smith to oversee multiple federal investigations into Trump.
The legal team contends that Garland appointed Smith at Biden’s request specifically to target Trump, referencing Biden’s recent comment in New Hampshire. The filing argues that Garland’s November 2022 appointment of Smith breached the Appointments Clause because it lacked a statutory basis and occurred while Trump was campaigning to reclaim the presidency.
The motion also highlights that Biden’s public urging to “lock him up,” as reported in 2022 and repeated recently, influenced Garland’s actions. On Tuesday, Biden remarked, “We gotta lock him up,” later attempting to clarify his statement by saying, “Politically, lock him up — lock him out, that’s what we’ve got to do.”
So, you threaten to end unconstitutional agencies in govt and you’re the one they want to end…permanently?
Biden called for Trump’s imprisonment, saying, ‘We gotta lock him up.' pic.twitter.com/ylHFqeJkFy
— T (@Rifleman4WVU) October 23, 2024
In May, Trump, 78, was convicted by a Manhattan jury of 34 criminal counts related to falsifying business records to conceal hush money payments to Stormy Daniels during the 2016 campaign. Sentencing in this case, brought by Manhattan District Attorney Alvin Bragg, is set for 26 November.
US District Judge Aileen Cannon previously dismissed another federal case against Trump in July, citing the unlawful appointment and funding of Jack Smith. Cannon, a Trump appointee, ruled that the case regarding Trump’s alleged mishandling of classified documents could not proceed. Federal prosecutors are appealing this ruling.
Trump’s attorneys argue that all of Smith’s actions since his appointment by Garland were unlawful and unconstitutional. They claim Smith also violated the Appropriations Clause by using over $20 million from taxpayers and additional funds from unspecified DOJ components to target Trump and his allies during the campaign season.
Smith’s team has until 31 October to respond to the motion.
What Other Media Are Saying
- Fox News: Trump’s lawyers seek to dismiss election interference charges against him, arguing Jack Smith’s appointment as special counsel was unlawful and unconstitutional.(read more)
Frequently Asked Questions
Here are some common questions asked about this news
What did President Biden say about Donald Trump?
Biden said, ‘We gotta lock him up,’ later clarifying it as ‘Politically, lock him up.’
What is Trump’s legal team’s main argument for dismissing the election interference case?
They argue the case is unconstitutional and Garland’s appointment of Smith violated the Appointments Clause.
Why did Trump’s attorneys reference Biden’s statement in their motion?
They claim Biden’s statement influenced Garland’s actions to appoint Smith specifically to target Trump.
What was Trump convicted of in May?
Trump was convicted of 34 criminal counts related to falsifying business records to conceal hush money payments to Stormy Daniels.
What did US District Judge Aileen Cannon rule in July?
She dismissed a federal case against Trump, citing the unlawful appointment and funding of Jack Smith.
