Late Monday night, the lawyers for former President Donald Trump asked the judge presiding over the 2020 election case that it be dismissed because it violated the Constitution and is a prime example of “vindictive prosecution.”

The Trump legal team filed a series of motions Monday night claiming that his prosecution violates numerous parts of the Constitution, including his First Amendment right to freedom of speech and also the Due Process clause. Trump’s lawyers also filed a separate motion to dismiss in early October in which they claimed he was immune from prosecution because the actions he took were allowed under the bounds of the Presidential office.

His lawyers claimed prosecutors displayed “an astonishing display of doublethink” to the Obama appointed U.S. District Judge Tanya S. Chutkan, when the prosecutors stated the former president can legally speak in public to express his views of 2020 election fraud but the same free speech got him indicted on charges to “defraud the United States,” “oppress rights,” and “obstruct an official proceeding.”
Trump’s legal team also argued that the United States Senate acquitted him of any wrong doing for the same indictments sought by the court. “Additionally, as the United States Senate has previously tried and acquitted President Trump for charges arising from the same course of conduct alleged in the indictment, the impeachment and double jeopardy clauses both bar retrial before this Court and require dismissal,” lawyers for Trump wrote in their motion to dismiss the case.

In all of American history, no prosecutions have taken place relating to alternate electors and Trump’s legal team alleges prosecutors of “selective and vindictive prosecution.”

“This case, urged by Biden when many prosecutors and agents appropriately saw no basis for it, is a straightforward retaliatory response to President Trump’s decisions as Commander In Chief in 2020, his exercising his constitutional rights to free speech and to petition for the redress of grievances, and his decision to run for political office,” they said in their motion.

In response to the motions put forth by Trump’s legal team, prosecutors said “There is no legal principle, case or historical practice” that allows a former president to be immune from prosecution.

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