Trump Attorneys Change Tactics in Motion to Dismiss Charges

Donald Trump’s legal team is finally making a motion for dismissal that at least has a legitimate argument behind it.

His team seems to be shifting gears away from immunity to cite a prior Supreme Court decision that directly impacts certain charges against Trump.

They are now citing 23-5575 Fischer v. United States in an effort to have Trump’s charges dismissed.

Could It Work?

So, as I have been very clear, there is no way that Trump’s charges will be dismissed based on presidential immunity.

I have broken down that case so many times that I don’t want to waste your time again.

However, tapping the Fischer case could work. If not with Chutkan, it could help Trump during the appeals process of her decision.

His attorneys wrote, “The Superseding Indictment stretches generally applicable statutes beyond their breaking point based on false claims that President Trump is somehow responsible for events at the Capitol on January 6, 2021.”

His attorneys added, “President Trump’s case should be among the next to be abandoned and, if not, then it should be dismissed…”

“Under Fischer, the Office may not use the statute as a catchall provision to criminalize otherwise-lawful activities selectively mischaracterized as obstructive by those with opposing political views.”

His legal team has hit two of the charges that should be dismissed on this basis, then claims that the remaining charges would be undermined by that, so all charges should be dropped.

Again, I am not sure it will work, but on the surface, it appears to be a far better strategy than claiming presidential immunity for actions that, in my opinion, were clearly not official acts of the president's office.

As stated above, I do not expect Judge Chutkan to go for this, but it will be interesting to see how the Supreme Court reacts to this if and when the case makes it the court’s docket.