President Donald Trump’s lawyers have filed a motion to dismiss the Democrats’ 2020 election case.
Late Monday night, Trump’s attorneys told the judge that the case should be dismissed as a violation of the Constitution.
They also argue that the get-Trump case is an instance of “vindictive prosecution.”
In a series of motions to dismiss, Trump’s team alleged that his prosecution violates multiple parts of the Constitution.
Those violations include Trump’s First Amendment right to free speech and the Due Process clause.
Earlier this month, his legal team filed another motion to dismiss, asserting that he is immune from prosecution because the actions were taken within the bounds of his office.
Trump’s lawyers told Obama-appointed U.S. District Judge Tanya S. Chutkan that the prosecution exercised “an astonishing display of doublethink.”
They note that the Democrat prosecutors stated that the 45th president has a right to speak publicly about his belief that there was election fraud.
However, prosecutors are also asserting that, by exercising his free speech rights, Trump sought to “defraud the United States,” “oppress rights,” and “obstruct an official proceeding.”
Trump’s lawyers also argued he could not be retried in court because he was acquitted of the same offenses by the Senate.
“Additionally, as the United States Senate has previously tried and acquitted President Trump for charges arising from the same course of conduct alleged in the indictment, the impeachment and double jeopardy clauses both bar retrial before this Court and require dismissal,” the filing states.
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