Jack Smith demands court ignore Trump's request to quash 2020 election case

November 8, 2023

Former President Donald Trump's lawyers are working overtime to have the 2020 election-related federal case against him thrown out.

According to the Washington Examiner, Special Counsel Jack Smith is not happy about those efforts, to say the least.

Trump's lawyers have petitioned a Washington, D.C. court to have the case trashed, arguing on First Amendment grounds.

Smith and his office recently pleaded with the judge in the case to ignore Trump's request to have the case tossed, telling the judge that Trump "stands alone in American history for his alleged crimes."

"No other president has engaged in conspiracy and obstruction to overturn valid election results and illegitimately retain power," a 79-page filing filed by Smith's team read.

Smith's prosecutors argued that Trump's words regarding the 2020 election were "well outside" of the constitutional free speech protections afforded to all American citizens.

"The allegations that the defendant sought to overturn the results of the 2020 presidential election by resorting to fraud, deceit, and corruption place his conduct well outside the protections afforded by the First Amendment and likewise put him fully on notice that his conduct was criminal and thus subject to prosecution," the filing continued.

It added, "Finally, the defendant's prior acquittal in a Senate trial following his impeachment in the House does not foreclose this criminal prosecution, and his particular reliance on the Double Jeopardy Clause is frivolous. The Court should deny the defendant's motions."

For his part, Trump has pleaded not guilty in the case, as he has in all other cases in which he has been charged.

He currently faces over 90 charges in the multiple indictments issued by the DOJ and two states, New York and Georgia.

Despite the legal problems, Trump not only dominates his GOP opponents in virtually every poll -- often by double digits -- but he's also trouncing President Joe Biden in hypothetical 2024 matchup polls.

Trump has long insisted that Smith's indictment, and the others, are part of a massive political witch hunt to soil his 2024 presidential campaign.

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