Trump’s legal team filed a memo on Thursday supporting their motion to dismiss all charges brought against the president by Special Counsel Jack Smith. Central to their argument is the Supreme Court’s recent ruling in Fischer v. United States, which strengthens their case for dismissing obstruction charges.
This latest filing marks a continued effort by Trump’s attorneys to challenge the charges by referencing two major Supreme Court cases: United States v. Trump, which addressed presidential immunity, and United States v. Fischer, concerning obstruction. These cases form the backbone of their defense against the legal theories advanced by Smith.
The motion to dismiss, originally filed last year, was put on hold. Thursday’s memo serves as a reply brief, reinforcing the request to dismiss all charges. Trump’s attorneys argue that the superseding indictment against the president, filed after the Supreme Court ruled on presidential immunity, unjustly assigns blame for events Trump could not control and took steps to prevent.
“The Special Counsel blatantly ignores the fact that federal prosecutors have taken the opposite position in this District,” the filing states. It further claims that a previously undisclosed video shows former Speaker Nancy Pelosi accepting “responsibility” for the events at the Capitol.
Additionally, Trump’s defense team points to statements made by General Mark Milley, asserting that Trump had instructed the Defense Department on January 3, 2021, to ensure adequate National Guard presence for safety during the event.
Trump faces four charges: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction or attempted obstruction of an official proceeding, and conspiracy against rights. However, Trump’s attorneys maintain that the Fischer ruling provides crucial precedent that undermines Smith’s case. They argue that Fischer necessitates the dismissal of the obstruction-related charges (Counts Two and Three) and weakens the case for the remaining
