Lawyers for former President Donald Trump are urging a federal judge to dismiss two of four counts in special counsel Jack Smith's superseding indictment in his election subversion case — and claim the two others are "fatally" undermined.
In the filing Thursday afternoon, Trump's attorneys said the special counsel "cannot ignore or hide" from "binding precedent," and pointed to the Supreme Court decision Fischer v. United States as "yet another key application of the rule of law to reject lawfare overreach" targeting the MAGA leader.
The case, Trump's team argued, "requires the dismissal of Counts Two and Three of the Superseding Indictment, and its logic undermines Counts One and Four as well."
The filing comes after U.S. District Judge Tanya Chutkan unsealed a 165-page filing from Smith's office that described the former president's pressure campaign on Pence and other Republicans as part of a sprawling effort to overturn his 2020 election loss.
The judge must determine which actions should be shielded from prosecution under the Supreme Court's immunity ruling.
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