Special counsel Jack Smith told a federal judge on Monday to ignore former President Donald Trump‘s request to dismiss his four-count election interference indictment, saying he “stands alone in American history for his alleged crimes.”
“No other president has engaged in conspiracy and obstruction to overturn valid election results and illegitimately retain power,” Smith’s office wrote in the filing. The response came as Trump is seeking in a Washington, D.C., federal court to dismiss the case alleging he conspired to subvert the 2020 election.
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Smith’s team rejected Trump’s arguments that the case should be thrown out on 1st Amendment grounds, also saying Trump’s argument that his prior acquittal after a second impeachment vote in early 2021 doesn’t amount to a double jeopardy clause violation.
“The allegations that the defendant sought to overturn the results of the 2020 presidential election by resorting to fraud, deceit, and corruption place his conduct well outside the protections afforded by the First Amendment and likewise put him fully on notice that his conduct was criminal and thus subject to prosecution,” according to the 79-page filing. “Finally, the defendant’s prior acquittal in a Senate trial following his impeachment in the House does not foreclose this criminal prosecution, and his particular reliance on the Double Jeopardy Clause is frivolous. The Court should deny the defendant’s motions.”
In a separate filing Monday, Smith’s office opposed Trump’s motion that sought to strike apparent “inflammatory allegations” related to the Jan. 6, 2021, riot at the U.S. Capitol by a mob of his supporters from the indictment.
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“The Court should recognize the defendant’s motion for what it is: a meritless effort to evade the indictment’s clear allegations that the defendant is responsible for the events at the Capitol on January 6,” prosecutors wrote.
Trump, who is the leading candidate in the 2024 Republican presidential primary, has pleaded not guilty in the case, which is slated to head to trial on March 4, just before Super Tuesday.
