Trump Has Good Shot With Supreme Court to Get DC Case Tossed, Experts Say

Contact Your Elected Officials
The Epoch Times Header

While some of President Trump’s arguments for getting the case dismissed are weak, others appear persuasive, according to legal experts.

Former President Donald Trump has several viable avenues to have the Supreme Court throw out federal charges he’s facing for his efforts to challenge the results of the 2020 election, several lawyers and Constitution experts told The Epoch Times.

His best case is that the charges encroach on his First Amendment rights, but he might also successfully assert presidential immunity or argue the law was impermissibly stretched by prosecutors, the experts said.

President Trump was charged by Special Counsel Jack Smith on Aug. 1 with obstructing electoral vote counting by Congress on Jan. 6 and conspiring to do so in order to stay in power.

The conspiracy was allegedly carried out by spreading false claims that fraud and illegalities swayed the election outcome and using those false claims in attempts to convince various officials to overturn the results.

President Trump’s lawyers have launched a barrage of motions to have the charges dismissed on constitutional grounds, statutory grounds, due to presidential immunity, and for malicious prosecution. While some of the claims are weak at best, others appear persuasive, according to the experts.

In practice, however, President Trump’s arguments will need to convince his judge, the appeals court, or, in the final instance, the Supreme Court.

The experts predict that the District of Columbia federal judge on the case, Tanya Chutkan, will almost certainly deny all the motions to dismiss. On Dec. 1, she indeed denied about half of them. They also acknowledged that the arguments would likely encounter resistance in the D.C. Circuit Court of Appeals, given its political leanings.

President Trump’s best chance will be in the Supreme Court, they contend.

Free Speech Argument

President Trump’s lawyers have asserted that the indictment runs afoul of the First Amendment by trying to criminalize political speech and advocacy.

“The prosecution seeks to install itself as America’s censor, with roving authority to criminally prosecute all who speak out against its approved narratives,” the lawyers wrote in a Nov. 22 brief.

“The prosecution has no such mandate. Accordingly, the indictment is unconstitutional on its face and must be dismissed.”

By Petr Svab

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Five Reasons Why The Latest Czech Elections Were So Important

Populist-nationalist politician Andrej Babis is poised to return to the premiership after his party's victory. Here are 5 reasons why this is so important.

Bad Bunny is the NFL’s Latest Insult

After years of advocating social justice causes, the NFL chose left wing, gender fluid rapper Bad Bunny to headline the next Super Bowl. Does the NFL want conservatives fans?

Scheduling collides with legacy

The ACC’s footprint now sprawls from Boston and Miami to Salt Lake City and the San Francisco Bay, defying both geography and its own name.

The Paradoxical Patriot: The political odyssey of Frank S. Meyer

In his book, Daniel J. Flynn examines the ideological evolution of one of conservatism’s most paradoxical and overlooked architects, Frank S. Meyer. 

This Is America: Target™ Reparations

“This Is America” explores the cultural undercurrents pulling Western...

Judge Upholds Nassau County Ban on Transgender Athletes in Women’s Sports

A New York judge on Oct. 6 upheld a Long Island county law banning male athletes from participating in women’s sports at county-run facilities.

Takeaways From Pam Bondi’s Testimony Before Senate Panel

AG Pam Bondi testified before the Senate Judiciary Committee, defending some of the Justice Department’s moves while sparring with Democratic senators.

FBI Surveilled 8 GOP Members of Congress, Document Shows

The FBI surveilled Republican senators as part of its Arctic Frost investigation, a newly disclosed document shows.

Acting CDC Director Calls on Manufacturers to Break MMR Vaccine Into Separate Shots

A commonly used combination vaccine against measles should be replaced with separate shots, the acting director of the CDC said on Oct. 6.

Trump Says He May Invoke Insurrection Act in Portland If Necessary

President Donald Trump on Oct. 6 said he may consider invoking the Insurrection Act in Portland, Oregon, if necessary.

Trump: All Medium, Heavy Duty Trucks Entering US Will See 25 Percent Tariff on Nov. 1

President Trump announced on Monday that all medium and heavy-duty trucks entering the United States will see a 25 percent tariff starting on Nov. 1.

Treasury Names Social Security Commissioner as CEO of IRS

Treasury Sec. Scott Bessent announced that Frank Bisignano, the head of the Social Security Administration (SSA), will also serve as CEO of the IRS.

Agencies Terminated, Descoped 94 Wasteful Contracts With $8.5 Billion Ceiling Value, Says DOGE

Various federal government agencies have terminated and descoped 94 wasteful contracts over the past five days, DOGE said in an Oct. 4 post on X.
spot_img

Related Articles

Popular Categories

MAGA Business Central