Judge rejects Trump effort to dismiss 2020 federal election subversion case Sun 4 Aug 2024
The federal judge presiding over Donald Trump’s election subversion case in Washington DC rejected on Saturday a defense effort to dismiss the indictment on claims that the former president was prosecuted for vindictive and political purposes.
Judge Tanya Chutkan’s ruling is the first substantive order since the case was returned to her Friday following a landmark US supreme court opinion in July that conferred broad immunity for former presidents and narrowed special counsel Jack Smith’s case against Trump.
In their motion to dismiss the indictment, defense lawyers argued that Trump was mistreated because he was prosecuted even though others who have challenged election results have avoided criminal charges. Trump, the Republican nominee in the 2024 presidential race, also suggested that Joe Biden and the US justice department launched a prosecution to prevent him from winning re-election.
But Chutkan rejected both arguments, saying Trump was not charged simply for challenging election results – but instead for “knowingly making false statements in furtherance of criminal conspiracies and for obstruction of election certification proceedings”. She also said that his lawyers had misread news media articles that they had cited in arguing that the prosecution was political in nature.
“After reviewing [the] defendant’s evidence and arguments, the court cannot conclude that he has carried his burden to establish either actual vindictiveness or the presumption of it, and so finds no basis for dismissing this case on those grounds,” Chutkan wrote in her order.Also Saturday, she scheduled a 16 August status conference to discuss next steps in the case.
