The federal judge presiding over the election subversion case against former US president Donald Trump on Saturday rejected a defense effort to dismiss the indictment on claims that he was prosecuted for vindictive and political purposes.
The ruling from US District Judge Tanya Chutkan is the first substantive order since the case was returned to her on Friday following a landmark US Supreme Court opinion last month 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 said that Trump was mistreated because he was prosecuted even though others who have challenged election results have avoided criminal charges.
Photo: Reuters
Trump, the Republican presidential nominee, also said that US President Joe Biden and the US Department of Justice launched a prosecution to prevent him from being re-elected.
However, Chutkan rejected both arguments, saying that 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 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 on Saturday, she scheduled an Aug. 16 status conference to discuss next steps in the case.
The four-count indictment, brought in August last year, accuses Trump of conspiring to overturn the results of the 2020 election he lost to Biden through a number of schemes, including by badgering then-US vice president Mike Pence to block the formal certification of electoral votes.
Trump’s lawyers said that he was immune from prosecution as a former president, and the case has been on hold since December as his appeal worked its way through the courts.
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