Attorneys for former President Donald Trump are pushing to have two of the four charges against him in special counsel Jack Smith’s election subversion case dismissed, while arguing that the remaining two are also “fatally” flawed. In a filing submitted Thursday, Trump’s legal team called on the court to dismiss counts two and three of the indictment, claiming that the Supreme Court’s decision in Fischer v. United States serves as a critical precedent in their favor.
According to Trump’s attorneys, the Fischer case “requires the dismissal of Counts Two and Three of the Superseding Indictment, and its logic undermines Counts One and Four as well.” They further argued that the special counsel “cannot ignore or hide” from binding legal precedent, accusing Smith’s team of engaging in “lawfare overreach” targeting the former president.
This legal maneuver comes after U.S. District Judge Tanya Chutkan unsealed a lengthy 165-page filing from Smith’s office, detailing Trump’s pressure campaign on former Vice President Mike Pence and other Republicans as part of a coordinated effort to overturn the results of the 2020 election. The special counsel’s document outlines a broad plan allegedly spearheaded by Trump to subvert the democratic process following his election defeat.
Trump’s legal team is arguing that the actions described in the indictment should be shielded from prosecution under the Supreme Court’s rulings regarding immunity. Specifically, they assert that Fischer v. United States offers a legal basis to challenge the prosecution of Trump’s actions, aiming to have key charges dismissed.
The central issue for Judge Chutkan to determine is whether certain actions, including Trump’s alleged efforts to pressure Pence and others to interfere with the certification of the 2020 election, should be protected by executive privilege or immunity. The filing marks another chapter in the ongoing legal battle as Trump continues to face multiple indictments related to his conduct surrounding the 2020 election.
As the case moves forward, the court’s interpretation of both precedent and constitutional protections will play a significant role in shaping the future of the charges against the former president. Trump’s legal team remains steadfast in its efforts to have the charges dismissed, while Smith’s office continues to argue that Trump’s actions were part of an unlawful attempt to undermine the election results.