Trump’s New Ploy to Throw Out D.C. Election Case Is a Stretch Even for Him
Amid a late-night motion frenzy, one pointless argument stands out.
Donald Trump’s defense team is working overtime to get his D.C. election fraud case thrown out—filing a whopping four motions to dismiss charges.
But the funniest part? In one of the motions filed just before Monday’s midnight deadline, Trump’s attorneys claimed they wanted references to January 6 “stricken from the record.”
His lawyers argue that since the indictment doesn’t technically charge Trump with responsibility for the insurrection, they are “not relevant” to a case deliberating on Trump’s effort to overturn the 2020 presidential election results.
“They relate to a high-profile issue on which the public has high awareness and strong opinions, making their inclusion prejudicial and inflammatory,” Trump’s team wrote.
To put that another way, Trump’s team wants all references to January 6 removed from Trump’s January 6–related indictment.
In a second motion, Trump filed to dismiss the case outright under the former president’s First Amendment rights, claiming that he did not “defraud the United States,” since he truly believed the election was rigged.
Another late-night filing sought dismissal on statutory grounds, arguing that the “prosecution does not explain how President Trump violated these statutes, beyond simply saying he has while regurgitating the statutory language.”
In a fourth filing, lawyers Todd Blanche, John Lauro, and Gregory Singer also asked for dismissal “on the basis of selective and vindictive prosecution.”
Trump attorneys had long threatened that they would attempt to challenge the conspiracy case, telling Judge Tanya Chutkan outright at a hearing in August that they would do so.
“I can’t wait,” Chutkan said at the time.
Monday’s late-night frenzy is just the latest in the bid to get the proceedings, which constitute the first criminal trial against a former U.S. president, thrown out. In August, lawyers for Trump also demanded that Chutkan recuse herself over comments she had made in previous cases related to the Capitol riots.