Former President Donald Trump's legal team has filed a court motion requesting the dismissal of the January 6, 2021, election subversion case. They argue that the office of special counsel Jack Smith is unconstitutional, just 12 days before the presidential election.
Trump's lawyers claim that all actions taken by Smith since Attorney General Merrick Garland's appointment have been unlawful and unconstitutional. They allege that Garland was influenced by President Joe Biden to target Trump, citing Biden's recent comment urging to 'lock him up politically.'
Despite political jabs and accusations, Judge Tanya Chutkan overseeing the case in DC has emphasized that politics do not influence her decisions. The Justice Department regulations allow Smith to operate independently from the attorney general, and a federal grand jury approved the indictment against Trump.
Trump's team aims to challenge the legality of Smith's prosecutions in higher courts, potentially escalating the issue to the Supreme Court. They argue that Smith's appointment without congressional approval and the funding of his office without specific authorization from Congress are invalid.
While a similar ruling in Florida questioned the constitutionality of Smith's office, the DC Circuit Court of Appeals has previously upheld the legality of special counsel offices. Trump's lawyers are making efforts to dismiss the conspiracy and obstruction charges related to the events of January 6, 2021.
