(TheConservativeTimes.org) – On Monday, President Donald Trump’s lawyers filed motions to dismiss his indictment for attempting to overturn the 2020 presidential election. They claim these charges overstep Trump’s right to free speech and seem to have a malicious premise.
Trump’s attorneys argue that he did not commit federal crimes when he challenged the results of Georgia’s election. The lawyers also state that everything Trump did was within the bounds of his presidential prerogatives. Judges rarely grant dismissal to charges brought up against defendants, but disputing Trump’s charges could delay the court’s litigation scheduled in March for his trial.
Jack Smith, a lawyer appointed special counsel in Trump’s case, is expected to try to persuade the judge to reject the new motions. Smith tried to convince a judge to throw out Trump’s argument last week.
In summary, Trump’s motions claim that Biden officials are targeting him because he is a political threat to the President. Trump’s lawyers said Biden wants to “use the criminal justice system” to disable Trump in the upcoming presidential election.
Trump says that, under the First Amendment, he is rightfully able to claim that election fraud had transpired. He also maintains he has the right to “challenge the outcome of the election.”
Trump’s attorneys contend that Biden and other anti-Trump figures ares trying to take the President’s words and “political advocacy” and make those into criminal offenses. The attorneys say it is not against the First Amendment to strive for personal advancement. They also say political stances cannot be criminalized, even if the prosecution believes the particular statement in question is false.
Since the beginning of the cascade of legal indictments against Trump, Smith and his team have maintained that Trump was not wrong to challenge his election loss. Smith said that Trump, after losing to Joe Biden, stepped too far out of line when he allegedly endeavored to stop Congress from counting votes on January 6, 2021. Supposedly, he did this by encouraging the January 6 rioters to storm the Capitol and wreak havoc to slow Congress’s process.
Trump’s legal representatives say he was not accused of inciting a riot on January 6. His lawyers want this assertion removed from Trump’s charges as they are “highly prejudicial and inflammatory” and might mislead jury members
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