Trump Seeks Dismissal in Federal Case, Citing Unconstitutional Prosecution

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Max Power

Max Power is the Editor-in-Chief of Undoing Time.  You can reach him at info@undoingtime.org or by calling 866-664-3052

 

District of Columbia Federal Courthouse

District of Columbia – On October 23, 2023, President Donald Trump’s attorneys filed several motions to dismiss the Federal criminal prosecution against him, citing Constitutional and Statutory violations.

In his first motion, Trump argues that he is being prosecuted for exercising his First Amendment right to Freedom of Speech. His attorneys argue that Special Prosecutor Jack Smith is criminalizing his right to express his political views.

You can read the 31 page motion HERE:

Docket # 23-cr-00257-TSC-1 – Document 113 – President Trump’s Motion to Dismiss the Indictment Based on Constitutional Grounds and Memorandum in Support

In his second motion, Trump argues that he is subject to a selective and vindictive prosecution which violates the United States Constitution. In that document, he asks District Court Judge Tanya Chutkan to throw out the criminal charges, quoting President Joe Biden’s public statements that he was “making sure” that Donald Trump “does not become the next President again.” Trump’s lawyers argue that three days after Trump formally announced his candidacy for President for the 2024 election, Special Prosecutor Jack Smith commenced his investigation, which led to the current criminal charges, as a political effort.

You can read that motion HERE:

Docket # 23-cr-00257-TSC-1 – Document 116 – President Trump’s Motion to Dismiss for Selective and Vindictive Prosecution

In his third motion to dismiss, Trump’s attorneys argue that the conduct charged in the Indictment do not establish a violation of Federal criminal statutes 18 U.S.C §§ 241, 371, 1512(k), 1512(c)(2), 2. They argue that the Indictment fails to properly allege a Federal offense.

You can read that third motion HERE:

Docket # 23-cr-00257-TSC-1 – Document 114 – President Trump’s Motion to Dismiss the Indictment Based on Statutory Grounds and Memorandum in Support

The motions are currently pending before Judge Chutkan, who is expected to issue a ruling on them in the next few weeks. The case is United States of America v. Donald J. Trump, Docket # 1:23-cr-00257-TSC.

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