Politics
By Katelyn Polantz, CNN
Former President Donald Trump is requesting a federal court to dismiss the case related to the January 6, 2021, election interference, claiming that the actions of special counsel Jack Smith are unconstitutional. This request comes just 12 days before the presidential election.
In a recent court filing, Trump’s attorneys asserted that Smith's activities since Attorney General Merrick Garland's appointment were unlawful, particularly as Trump continues his campaign against President Biden and Vice President Harris. They included political critiques of Biden, referencing his recent remarks suggesting a "lock him up" approach.
Trump’s legal team claims that Garland acted under improper pressure from Biden, which they allege influenced the prosecution as the election draws near. While addressing a rally in New Hampshire, Biden made comments that could be interpreted as inciting political action against Trump, although Trump's filing omitted this context.
Judge Tanya Chutkan, overseeing the case, has repeatedly stated that her decisions are unaffected by political considerations. She has also noted that special counsel regulations allow Smith to operate independently from the attorney general. Both Garland and Biden have denied coordinating the appointment of special counsels.
Earlier in the day, Trump stated he would dismiss Smith if he regains the presidency, expressing confidence about taking swift action against him.
Trump's filing not only aims to challenge the special counsel's legitimacy but also seeks to escalate the issue to higher courts following Chutkan's ruling. His legal team is employing arguments previously successful in overturning a Florida case related to classified documents, despite the DC Circuit Court already affirming the constitutionality of special counsel offices.
The outcome of Trump’s arguments could potentially reach the Supreme Court, particularly following Judge Aileen Cannon's ruling in Florida that questioned the constitutionality of Smith’s appointment. However, that ruling does not set a binding precedent for the DC Circuit.
In their latest filing, Trump’s attorneys argue that Smith’s appointment lacks congressional approval and assert that his office is improperly funded. They demand that Smith be instructed to cease expenditures related to the case immediately.
This legal maneuver is part of Trump’s broader strategy to dismiss conspiracy and obstruction charges stemming from his actions on and around January 6, 2021.