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Former President Donald Trump Challenges Federal Criminal Charges, Arguing His Actions are Constitutionally Protected Speech

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Key takeaways:

  • Trump’s defense team argued that the former president is the target of “selective and vindictive prosecution” and his actions are constitutionally protected speech.
  • The filing argued that the United States Senate has already tried and acquitted Trump for charges arising from the same course of conduct alleged in the indictment.
  • Trump’s lawyers also argued that the charges against him are legally faulty, and that the prosecution is politically motivated.

Former President Donald Trump is challenging the federal criminal charges brought against him in connection with the 2020 presidential election, claiming in court filings Monday that his actions are protected by the First Amendment and that he cannot be tried again after being acquitted by the Senate in his impeachment trial.

Trump’s defense team argued in their filings that the former president is the target of “selective and vindictive prosecution,” and his actions are constitutionally protected speech. They also noted Congress’ unsuccessful efforts to impeach him in the final days of his presidency.

The filing argued that the United States Senate has already tried and acquitted Trump for charges arising from the same course of conduct alleged in the indictment, and that the impeachment and double jeopardy clauses both bar retrial before the court and require dismissal.

Trump’s lawyers also argued that the charges against him are legally faulty, and that the prosecution is politically motivated. They asked the federal judge overseeing the criminal case to dismiss the charges.

The judge has yet to issue a ruling on the matter. It is unclear when a decision will be made. In the meantime, Trump’s defense team is continuing to make their case for dismissal of the charges.

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