Lawyers representing Donald Trump are planning to request a judge dismiss the federal case against the former president for allegedly trying to undermine the 2020 election, as per a court filing on Friday. The defense team is expected to challenge the case on various grounds to potentially delay or dismiss the criminal charges against Trump. This comes after a recent Supreme Court decision that has impacted the prosecution’s scope.
The defense team is likely to argue that the new, more limited indictment issued by prosecutors still contains allegations that Trump, as a former president, should be immune from, such as his discussions with former Vice President Mike Pence. Additionally, they plan to seek dismissal based on similar arguments that led to the dismissal of a separate case against Trump in Florida last month.
A federal court filing in Washington, submitted by both prosecutors and defense lawyers, outlines different proposals for the next steps in the case. This filing precedes a scheduled status conference for next week, the first court appearance related to the case in several months. The legal landscape has significantly shifted since the indictment was filed in June 2023 by special counsel Jack Smith.
Prosecutors initially accused Trump of various schemes to retain power and obstruct the peaceful transfer of power. However, they now face challenges following a Supreme Court opinion that stated former presidents have immunity for core constitutional acts and are presumed immune for other official acts taken while in office.
In response to the Supreme Court decision, prosecutors issued a new indictment this week that removed allegations concerning Trump’s interactions with the Justice Department, an area where the court ruled he was immune. Trump’s legal team, however, argues that prosecutors did not go far enough in eliminating immune conduct, including Trump’s tweets and public statements regarding the 2020 election and communications with state officials about the election, among other allegations.
