Donald Trump responds to Jack Smith's new memoir

Former President Donald Trump is seeking to have his election fraud trial dismissed just one day after prosecutors released a 165-page filing of evidence in the case.

In a motion to dismiss the case brought by special counsel Jack Smith, Trump's lawyers argued that former House Speaker Nancy Pelosi was “taped” admitting responsibility in the riot at the US Capitol.

“The Office of the Special Counsel seeks to assign responsibility for events that President Trump did not control and took steps to protect against,” his filing states.

“There is apparently no consequence to the Office and those who support its efforts that former House Speaker Nancy Pelosi was caught in an undisclosed video accepting 'responsibility' for events at the Capitol “, he adds.

Pelosi was among the members of Congress who had to flee the Capitol after Trump supporters stormed the building on January 6, 2021.

Newsweek reached out to the Trump campaign team via email Friday for comment.

House Speaker Nancy Pelosi tears up President Donald Trump's State of the Union address on February 4, 2020. Trump's lawyers now claim Pelosi was responsible for the January 6, 2021 riot at the Capitol. House Speaker Nancy Pelosi tears up President Donald Trump's State of the Union address on February 4, 2020. Trump's lawyers now claim Pelosi was responsible for the January 6, 2021 riot at the Capitol. Mark Wilson/Getty Images

Thursday's motion to dismiss also says Gen. Mark A. Milley, the former chairman of the Joint Chiefs of Staff, will be a “star” prosecution witness in the case.

The Chairman of the Joint Chiefs of Staff is the highest-ranking military officer in the United States.

“Even one of the Office's star witnesses, General Mark Milley, acknowledged well before charges were filed in this case that President Trump had directed the Department of Defense on January 3, 2021, to 'ensure that you have sufficient numbers of National Guardsmen or Soldiers to be safe,' it's a safe event,'” the document states.

Trump's lawyers say the indictment “stretches generally applicable laws beyond their breaking point” based on “false claims that President Trump is somehow responsible events that occurred at the Capitol on January 6, 2021.”

Much of their argument rests on the Fischer v. United States, in which the Supreme Court dismissed an obstruction charge against a man who wandered around the Capitol on January 6.

The Supreme Court said that was not enough to be charged with obstruction of Congress; a defendant would have to throw away papers or perform any other act that would physically obstruct Congress.

Trump, who is also accused of obstructing Congress, is now seeking to have that charge and the entire indictment expunged. His lawyers say the Fischer case shows the Supreme Court rejects “the excesses of the law aimed at President Trump.”

On Wednesday, federal judge Tanya Chutkan unveiled 165 pages of evidence against Trump. It was the first time the public could see in depth the case against the former president.

It included allegations that a Trump staffer encouraged a riot among Trump supporters outside a Detroit counting center during the 2020 election. He allegedly did so after it became clear that Trump's votes Michigan leaned in favor of Joe Biden.

It also claims that in mid-December 2020, Trump spoke with Republican National Committee Chairwoman Ronna McDaniel and “asked her to publicize and promote a private report released on December 13 that purported to identify flaws” in the use of voting machines. in Antrim County, Michigan.

McDaniel refused, telling Trump that she had already discussed the report with the speaker of the Michigan House of Representatives, “who told her the report was inaccurate.”

She conveyed to Trump “the president's accurate assessment of Michigan: the report was completely bonkers,” the document said.

Nonetheless, Trump continued to claim that elections in Michigan and other states were rigged in Biden's favor, the document notes.

Trump is charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding of Congress, obstruction and attempted obstruction of an official proceeding, and conspiracy against the rights of a alleged pressure campaign on state officials to overturn the results of the 2020 election.

Trump has denied all accusations against him and has repeatedly said he is the victim of a political witch hunt. He accused Smith of trying to interfere in the 2024 presidential election by suing him.

In late August, Smith filed an updated indictment against Trump, reshaping the case to conform to the Supreme Court's ruling granting immunity to sitting presidents when they perform certain “official” acts.

The new indictment removes all charges against Trump relating to attempts to pressure the Justice Department into falsely stating that President Joe Biden's victory in the 2020 election was the result of massive fraud.

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