By james art President Biden’s recent statement calling for Donald Trump to be arrested was cited by Trump’s legal team in a motion to dismiss the federal lawsuit over interference in the 2020 election. Trump’s lawyers filed the motion in the U.S. District Court for the District of Columbia, alleging , that the case was unconstitutional from the start. They argue that Attorney General Merrick Garland violated the constitution by appointing special counsel Jack Smith to oversee multiple federal investigations into Trump.
The legal team argued that Garland appointed Smith at Biden’s request specifically to target Trump, citing Biden’s recent comments in New Hampshire. The filing alleges that Garland’s appointment of Smith in November 2022 violated the Appointments Clause because it lacked a legal basis and occurred while Trump was campaigning for the presidency.
The motion also emphasized that Biden’s public call to “shut him down,” as reported in 2022 and repeated recently, influenced Garland’s actions. On Tuesday, Biden remarked, “We have to lock it down,” later trying to clarify his statement by saying, “Politically, lock it down — lock it down, that’s what we have to do.”
So you’re threatening to end unconstitutional agencies in government and you’re the one they want to eliminate…for good?
Biden called for Trump to be jailed, saying, “We need to jail him.” pic.twitter.com/ylHFqeJkFy
— T (@Rifleman4WVU) October 23, 2024
In May, Trump, 78, was convicted by a Manhattan jury of 34 felony counts related to falsifying business records to cover up secret cash payments to Stormy Daniels during the 2016 campaign. The verdict in that case, brought by the district attorney at Manhattan’s Alvin Bragg, is scheduled for November 26.
US District Judge Eileen Cannon previously dismissed another federal case against Trump in July, citing the illegal appointment and financing of Jack Smith. Cannon, a Trump appointee, ruled that the case over Trump’s alleged misuse of classified documents could not proceed. Federal prosecutors are appealing that decision.
Trump’s lawyers have argued that all of Smith’s actions since his appointment by Garland were illegal and unconstitutional. They allege Smith also violated the appropriations bill by using more than $20 million in taxpayer dollars and additional funds from unspecified components of the DOJ to target Trump and his allies during the campaign.
Smith’s team has until Oct. 31 to respond to the proposal.
What other media are saying
- Fox News: Trump’s lawyers are seeking to dismiss the election meddling charges against him, arguing that the appointment of Jack Smith as special prosecutor was illegal and unconstitutional. (read more)
Frequently asked questions
Here are some frequently asked questions about this news
What did President Biden say about Donald Trump?
Biden said, “We’ve got to shut it down,” later clarifying it as, “Politically, shut it down.”
What is Trump’s legal team’s main argument for dismissing the election meddling case?
They argued the case was unconstitutional and Garland’s appointment of Smith violated the Appointments Clause.
Why did Trump’s lawyers refer to Biden’s statement in their complaint?
They argued that Biden’s statement influenced Garland’s actions to appoint Smith specifically to target Trump.
What was Trump convicted of in May?
Trump was convicted of 34 criminal counts related to falsifying business records to cover up secret cash payments to Stormy Daniels.
What did US District Judge Eileen Cannon rule in July?
She dismissed a federal lawsuit against Trump citing the illegal appointment and financing of Jack Smith.