By james art Donald Trump’s lawyers are asking a federal judge to throw out his election fraud case, arguing that the office of special counsel Jack Smith is unconstitutional, with the former president saying he would “fire” him if elected.
“Everything Smith did after the appointment of Attorney General (Merrick) Garland, while President Trump continued his lead campaign against President Biden and then Vice President Harris, was illegal and unconstitutional,” Thursday’s motion said.
Trump was indicted in Washington on four counts of working to overturn the results of the 2020 election ahead of the January 6, 2021 riot at the US Capitol. The Republican presidential candidate has pleaded not guilty and said the case is part of a political witch hunt.
In their new filing, filed in Washington, D.C., Trump’s attorneys allege that Garland “followed improper solicitations by President Biden to target President Trump, as reported at the time in 2022 and reiterated recently by President Biden through his inappropriate instructions to “lock it up” as Smith proceeds illegally with the case as the presidential election is fast approaching.”
The document cited President Biden’s speech in New Hampshire on Tuesday, in which he said Trump should be imprisoned “politically” and made it clear he did not want to lock Trump in prison.
Newsweek sought comment by email from Trump’s lawyer and Smith’s office on Friday.
Smith’s team is expected to file a response in the coming days.
Getty Images/AP/Anna Moneymaker/J. Scott Applewhite
Trump’s filing refers to Judge Eileen Cannon’s earlier dismissal of Trump’s classified documents case in Florida.
“Regardless of Judge Cannon’s findings, the Office of Special Counsel continued to pursue and spend money on this case, and the Office is directly appealing Judge Cannon’s decision, not the Department of Justice.” These actions are ultra vires and are funded from a source of money that Smith and the Office should not have access to,” it said.
It came just hours after Trump said if elected president he would fire Smith.
“Oh, it’s so easy. It’s that easy. I would fire him in two seconds,” Trump told conservative radio host Hugh Hewitt on Thursday morning.
Trump faced 40 federal charges in Cannon’s court over his alleged handling of sensitive materials seized from his Mar-a-Lago estate in Palm Beach, Fla., after he left the White House in January 2021. He was also charged with obstruction of federal efforts to retrieve them.
The Republican presidential candidate has pleaded not guilty and said the case was part of a political witch hunt.