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Tags: donald trump | federal | case | challenge | 2020 election | first amendment | jan. 6

Trump Files Challenges in Federal Elections Case

By    |   Tuesday, 24 October 2023 10:05 AM EDT

Former President Donald Trump, in a late night court filing, is challenging the federal prosecution over his alleged actions regarding the outcome of the 2020 election, claiming they were protected by the First Amendment.

The Washington Post reported that Trump's attorneys filed the court papers moments before a midnight deadline on Monday.

The attorneys argue in the court papers that Trump can't be tried in criminal court over his alleged actions regarding the outcome of the 2020 presidential election because he was impeached by the House and acquitted by the Senate.

They maintain Trump is the victim of political persecution by the Biden administration and that the charges against him are legally defective. They further claim that his indictment should not link him with the violence at the Capitol on Jan. 6, 2021, because he is not charged with inciting any violence. They ask the court to throw out the indictment.

"Because the Government has not charged President Trump with responsibility for the actions at the Capitol on January 6, 2021, allegations related to these actions are not relevant and are prejudicial and inflammatory. Therefore, the court should strike these allegations from the Indictment," wrote defense attorneys Todd Blanche, John Lauro, Emil Bove, and Gregory Singer.

"The indictment must be dismissed because it seeks to criminalize core political speech and advocacy that lies at the heart of the First Amendment," they wrote.

His attorneys maintain that Congress's failed impeachment effort was the proper venue to decide Trump's guilt or innocence regarding his election-related efforts. Trump's legal team also claim in the court documents that he acted within the bounds of the presidency when seeking to overturn the 2020 results, the Post said.

They added, "The Constitution's plain text, structural principles of separation of powers, our history and tradition, and principles of double jeopardy bar the executive branch from seeking to re-charge and re-try a president who has already been impeached and acquitted in a trial before the U.S. Senate."

Trump is scheduled to face trial in federal court in Washington in March. He has pleaded not guilty to charges of leading a criminal conspiracy that, prosecutors claim, sought to defraud the American people by overturning the 2020 election, AFP reported. "The purpose of the conspiracy was to overturn the legitimate results of the 2020 presidential election by using knowingly false claims of election fraud," the indictment said.

Jeffrey Rodack

Jeffrey Rodack, who has nearly a half century in news as a senior editor and city editor for national and local publications, has covered politics for Newsmax for nearly seven years.

© 2024 Newsmax. All rights reserved.


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Former President Donald Trump, in a late night court filing, is challenging the federal prosecution over his alleged actions regarding the outcome of the 2020 election, claiming they were protected by the First Amendment.
donald trump, federal, case, challenge, 2020 election, first amendment, jan. 6, indictment
397
2023-05-24
Tuesday, 24 October 2023 10:05 AM
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