Donald Trump’s lawyers have moved to have the Jan 6 indictments brought against him by Jack Smith for Joe Biden’s Department of Justice (DOJ) dismissed, arguing they violate the U.S. Constitution by criminalizing “core political speech” protected by the First Amendment.
“If there is any constant in our democratic system of governance, it is that the marketplace of ideas – not the mandates of government functionaries or partisan prosecutors – determines the scope of public debate,” the court filings explain.
“Countless millions believe, as President Trump consistently has and currently does, that fraud and irregularities pervaded the 2020 Presidential Election. As the indictment itself alleges, President Trump gave voice to these concerns and demanded that politicians in a position to restore integrity to our elections not just talk about the problem, but investigate and resolve it… The First Amendment embraces and encourages exactly this kind of behavior,” they add.
Trump’s lawyers also make the point that the former president has already been acquitted of similar charges in a Senate trial, arguing the DOJ prosecution falls foul of legal protections against double jeopardy.