Trump Files Motion to Dismiss Jan. 6 Case on Constitutional Grounds
Published by The Lawfare Institute
in Cooperation With
On Oct. 23, former President Donald Trump filed a motion to dismiss on constitutional grounds the Justice Department’s case concerning Trump’s role in the Jan. 6 attack on the Capitol. The motion first invokes the First Amendment stating, “If there is any constant in our democratic system of governance, it is that the marketplace of ideas—not the mandates of government functionaries or partisan prosecutors—determines the scope of public debate.”
Trump further argues that the indictment must be dismissed because he was already acquitted under the impeachment clause and trial in the district court would constitute double jeopardy. Finally, Trump argues that he lacked fair notice that his “political advocacy” could be criminalized, so prosecution would violate the Fifth Amendment’s Due Process Clause.
You can read the filing here or below:
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