Former President Trump's legal team filed a memo on Thursday in support of their motion to dismiss all charges brought against him by Special Counsel Jack Smith. The memo discusses the recent Supreme Court decision in Fischer v. United States, which the attorneys believe strengthens their argument to dismiss the obstruction charges.
The filing by Trump's attorneys comes as they leverage two significant Supreme Court decisions—United States v. Trump and United States v. Fischer—to challenge the legal theories put forth by Special Counsel Smith. The motion to dismiss all charges was initially filed last year but was stayed. The recent filing serves as a reply brief to their motion seeking dismissal of all charges.
In their brief, Trump's attorneys argue that Smith's superseding indictment against the former president seeks to assign blame for events that Trump did not control and took action to protect against. They highlight instances where federal prosecutors have taken a different position in the district and point to statements made by former Speaker of the House Nancy Pelosi and General Mark Milley.
The attorneys stress that the Supreme Court's decision in Fischer v. United States requires the dismissal of certain counts in the indictment against Trump, citing the need for evidence impairment coupled with corrupt intent. They argue that the indictment lacks sufficient factual allegations to support the charges brought against Trump.
Following the Supreme Court's ruling in favor of a participant in the January 6 Capitol riot challenging his conviction for obstruction, Trump's legal team asserts that the Office of Special Counsel cannot use the statute as a catchall provision to criminalize otherwise lawful activities. They maintain that Trump's actions were part of open, public discussions and lawful debates.
Despite the legal maneuvers and arguments put forth by both sides, the trial for Trump on charges stemming from Smith's investigation into the January 6 events is not expected to take place until after the 2024 presidential election, as ruled by Judge Chutkan.
