Make a Living ClubMake a Living Club
  • Home
  • News
  • Business
  • Finance
  • Investing
  • Markets
    • Stocks
    • Commodities
    • Crypto
    • Forex
  • More
    • Economy
    • Politics
    • Real Estate
Trending Now

Box Q3: Limited Alpha Ahead (NYSE:BOX)

December 5, 2025

John Wiley & Sons, Inc. (WLY) Q2 2026 Earnings Call Transcript

December 4, 2025

General Motors Company (GM) Presents at UBS Global Industrials and Transportation Conference Transcript

December 3, 2025

Verizon: Not A Value Trap, The Math Works (NYSE:VZ)

December 2, 2025

John Hancock Multimanager 2015 Lifetime Portfolio Q3 2025 Commentary

December 1, 2025

BitMine Immersion: Major Test Passed So Far (NYSE:BMNR)

November 30, 2025
Facebook Twitter Instagram
  • Privacy
  • Terms
  • Press
  • Advertise
  • Contact
Facebook Twitter Instagram
Make a Living ClubMake a Living Club
  • Home
  • News
  • Business
  • Finance
  • Investing
  • Markets
    • Stocks
    • Commodities
    • Crypto
    • Forex
  • More
    • Economy
    • Politics
    • Real Estate
Sign Up for News & Alerts
Make a Living ClubMake a Living Club
Home » Special counsel urges judge in federal election interference case to reject Trump’s dismissal attempts
Politics

Special counsel urges judge in federal election interference case to reject Trump’s dismissal attempts

Press RoomBy Press RoomNovember 7, 2023
Facebook Twitter Pinterest LinkedIn WhatsApp Email

Prosecutors from special counsel Jack Smith’s office urged the judge overseeing the federal election interference case against Donald Trump to reject the former president’s attempts to dismiss the charges against him on constitutional grounds, saying his arguments rely on “distortions and misrepresentations.”

While Trump has repeatedly attacked the case against him on the campaign trail and in court filings, the special counsel’s court filing on Monday marks the first time prosecutors have defended their historic criminal prosecution against the former president in court.

“The defendant attempts to rewrite the indictment, claiming that it charges him with wholly innocuous, perhaps even admirable conduct—sharing his opinions about election fraud and seeking election integrity—when in fact it clearly describes the defendant’s fraudulent use of knowingly false statements as weapons in furtherance of his criminal plans,” prosecutors wrote in the filing.

“But the defendant stands alone in American history for his alleged crimes,” they wrote. “No other president has engaged in conspiracy and obstruction to overturn valid election results and illegitimately retain power.”

District Judge Tanya Chutkan, who is overseeing the case in Washington, DC, will have the ultimate say on whether the case will proceed. She has not yet made any determination on Trump’s many motions to dismiss the indictment he faces.

Trump is accused of illegally plotting to stay in office after losing the 2020 election. He has pleaded not guilty to the charges against him.

In late October, Trump’s attorneys filed several motions to dismiss the case, arguing the charges violated his First Amendment rights and suggested the case against the former president was part of a “selective and vindictive prosecution” against him.

Trump’s attorneys have also said that, as president, Trump’s actions were rightly adjudicated by Congress, where he was acquitted in the Senate following his impeachment in the House in the wake of the January 6, 2021, US Capitol attack. Beyond Congress, defense attorneys argue, Trump’s actions as president should be immune from criminal prosecution.

“Rather than challenging the indictment on its merits, the defendant’s motions attack the indictment by mischaracterizing its allegations, raising inapposite hypotheticals, and advancing arguments that are long on rhetoric but short on law,” prosecutors wrote Monday. “Stripped of those distractions, the defendant’s statutory and constitutional claims are entirely meritless.”

Impeachment is designed to limit the punishments Congress can impose to ensure “that a former federal officer does not escape accountability for criminal wrongdoing,” prosecutors said. Instead, the impeachment clause of the US Constitution “specifies limitations on the consequences that the Senate may impose after a conviction” and the outcome of such a trial doesn’t affect the potential for future criminal prosecutions.

Prosecutors also ridiculed the notion that Trump’s alleged actions come protected by freedom of speech, writing that his conduct in the wake of the election falls “well outside the protections afforded by the First Amendment.”

“The First Amendment does not protect fraudulent speech or speech otherwise integral to criminal conduct, particularly crimes that attack the integrity and proper function of government processes,” they wrote. “The defendant’s arguments are based on an inaccurate and self-serving characterization of the charges.”

In a separate filing Monday, special counsel prosecutors lambasted the former president’s request to strike language about the January 6 riot at the US Capitol from the election interference indictment, arguing he is ultimately responsible for the violence that day.

“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’s attorneys have asked the judge to take what they believe is “prejudicial and inflammatory” language about the violent insurrection, out of the indictment because the former president is not charged with causing the riot.

While Trump himself did not participate in the events at the Capitol, prosecutors argued, the violence was “the culmination of the defendant’s criminal conspiracies to overturn the legitimate results of the presidential election.”

“Contrary to the defendant’s claims, then, the indictment’s allegations related to the actions at the Capitol are relevant and probative evidence of the defendant’s conduct and intent,” they wrote.

After losing the 2020 presidential election, prosecutors wrote, Trump spent months cultivating “widespread anger, resentment, and mistrust of the election results by spreading knowingly false claims of election fraud.”

On January 6, Trump “directed a large and angry crowd—one that he had summoned to Washington, D.C., and fueled with knowingly false claims of election fraud—to the Capitol to obstruct the congressional certification proceeding,” they said.

When his supporters did descend on the Capitol, prosecutors wrote, “the defendant did not try to stop them; instead, he encouraged them and attempted to leverage their actions by further obstructing the certification.”

Read the full article here

Share. Facebook Twitter Pinterest LinkedIn Tumblr Email

Related Articles

Lebanese nationals living in the US will be granted humanitarian relief as Israel-Hezbollah conflict continues

Politics October 17, 2024

Huge fundraising powers Democrats’ hopes to flip the House

Politics October 16, 2024

Small Business Administration disaster loan program is out of money after back-to-back hurricanes

Politics October 15, 2024

Harris advisers zero in on Michigan strategy to overcome anticipated losses among some parts of Democratic coalition

Politics October 14, 2024

How hurricane season is affecting the way Americans follow the Trump-Harris race

Politics October 13, 2024

Walz tries to burnish his everyman image with trip home to Minnesota

Politics October 12, 2024
Add A Comment

Leave A Reply Cancel Reply

Latest News

John Wiley & Sons, Inc. (WLY) Q2 2026 Earnings Call Transcript

December 4, 2025

General Motors Company (GM) Presents at UBS Global Industrials and Transportation Conference Transcript

December 3, 2025

Verizon: Not A Value Trap, The Math Works (NYSE:VZ)

December 2, 2025

John Hancock Multimanager 2015 Lifetime Portfolio Q3 2025 Commentary

December 1, 2025

BitMine Immersion: Major Test Passed So Far (NYSE:BMNR)

November 30, 2025
Trending Now

United Natural Foods Q1 Preview: Doesn’t Seem Like An Exciting Opportunity Right Now

November 28, 2025

The housing crisis is pushing Gen Z into crypto and economic nihilism

November 28, 2025

Voya Infrastructure, Industrials And Materials Fund Q3 2025 Commentary

November 27, 2025

Subscribe to Updates

Get the latest sports news from SportsSite about soccer, football and tennis.

Make a Living is your one-stop news website for the latest personal finance, investing and markets news and updates, follow us now to get the news that matters to you.

We're social. Connect with us:

Facebook Twitter Instagram YouTube LinkedIn
Topics
  • Business
  • Economy
  • Finance
  • Investing
  • Markets
Quick Links
  • Cookie Policy
  • Advertise with us
  • Get in touch
  • Submit News
  • Newsletter

Subscribe to Updates

Get the latest finance, markets, and business news and updates directly to your inbox.

2025 © Make a Living Club. All Rights Reserved.
  • Privacy Policy
  • Terms of use
  • Press Release
  • Advertise
  • Contact

Type above and press Enter to search. Press Esc to cancel.