Attorneys for former President Trump on Thursday asked a judge to toss out his federal election subversion case by arguing that special counsel Jack Smith was unconstitutionally appointed.
The new motion, submitted to U.S. District Judge Tanya Chutkan, mimics the argument Trump made in Florida, which led a separate federal judge to toss the former president’s documents indictment.
That decision was an outlier, contrasting with courts that previously upheld the constitutionality of special counsels.
Now, Trump is hoping for the same luck in Washington, D.C., where he faces four felony charges for allegedly conspiring to subvert the 2020 election results. He has pleaded not guilty.
“The proposed motion establishes that this unjust case was dead on arrival — unconstitutional even before its inception,” Trump’s attorneys wrote.
