The motions have started to fly on behalf of Donald Trump, as his legal team starts to earn their keep.
The latest motion is an effort to get some distance between Trump and the events that took place on January 6 at the Capitol.
Trump’s legal team has now filed a stack of motions, including one to have the case dismissed based on Trump having immunity as the sitting president.
As we have mentioned exhaustively, Donald Trump is not facing a single charge related to the act of the “insurrection” at the Capitol on January 6.
To that point, Trump’s attorneys filed a motion to have “inflammatory allegations” made in the indictment removed from the record.
The motion stated, “Because the Government has not charged President Trump with responsibility for the actions at the Capitol on January 6, 2021, allegations related to these actions are not relevant and are prejudicial and inflammatory. Therefore, the Court should strike these allegations from the Indictment.”
In the indictment, Smith conceded that Trump has every right to legally challenge the electoral loss. However, he contends that Trump tried to block the transfer of power by making fraudulent claims as well as participating in an alleged conspiracy to block the counting of the electoral votes.
This case is about as complex as it gets in terms of legal issues, constitutional rights, and presidential immunity.
The prosecution stated, “The fact that the indictment alleges that the speech at issue was supposedly, according to the prosecution, ‘false’ makes no difference.
“Under the First Amendment, each individual American participating in a free marketplace of ideas — not the Federal Government — decides for him or herself what is true and false on great disputed social and political questions.”
Also in the motion, Trump’s attorneys stated that prosecutors have failed to prove that Trump deceived the public.
The motion stated, “President Trump’s opinion on the subject was just that — an opinion formed based on his view of the available information.
“Virtually every American, including the cited public officials, had similar access to much of this same information, including a mountain of publicly reported facts and opinions, which were the subject of wall-to-wall media coverage throughout the post-election period and beyond.
“Each official thus had every opportunity to form his or her own conclusions, just like President Trump.”
Prosecutors will have to prove intent on Trump’s behalf, which will be a challenge.
This trial is currently slated for March, which is right in the middle of the primary election, just as Democrats had hoped.