In a series of filings submitted to U.S. District Judge Tanya Chutkan, lawyers representing former President Donald Trump have requested the dismissal of charges related to the 2020 presidential election. Trump's defense team argues that he engaged in constitutionally protected speech and that his prosecution is politically motivated.

The motions, filed just before the midnight deadline, seek to dismiss the indictment returned in August, which accuses the former president of unlawfully attempting to stop the transfer of power following his loss in the 2020 election. The defense team led by lawyers Todd Blanche, John Lauro, and Gregory Singer asserts that Trump is the target of "selective and vindictive prosecution" and that his impeachment and subsequent acquittal in relation to the January 6, 2021 assault on the U.S. Capitol bar his prosecution.

One of the main points raised by Trump's lawyers is the request to strike allegations in the indictment related to actions at the Capitol on January 6. They claim that Trump has not been charged with responsibility for those actions, arguing that such allegations are not relevant and could be prejudicial and inflammatory to the case.

Trump has pleaded not guilty to the four federal charges brought against him by special counsel Jack Smith. The trial is scheduled to begin on March 4, 2024, with Judge Chutkan expressing her intention to maintain the trial date despite ongoing arguments from the former president's legal team.

On constitutional grounds, Trump's defense team contends that his statements about the 2020 presidential election being stolen constitute core political speech protected by the First Amendment. They argue that the prosecution cannot criminalize such claims or seek to impose its view on the disputed political question of the election's integrity.

Furthermore, Trump's lawyers maintain that he cannot be retried by the government because he has already been impeached and acquitted through the impeachment proceedings that occurred during his presidency and after he left office. They invoke the Constitution's separation of powers, historical precedents, and principles of Double Jeopardy to support their argument.

These arguments are in opposition to some members of Congress who argued that Trump could be held accountable for alleged crimes through the courts, instead of solely through impeachment. Republican leader Mitch McConnell, after voting to acquit Trump, stated that impeachment was never meant to be the final forum for American justice.

Trump's defense team claims that his prosecution for disputing the outcome of a presidential election is unprecedented, as many others throughout U.S. history have also been involved in similar contested election disputes.

The lawyers further allege that the prosecution engaged in selective and vindictive prosecution, and that biased prosecutors pursued the charges. They assert that the indictment was a result of President Biden's statement that Trump would not win the White House in 2024, suggesting that Biden pressured the Department of Justice to pursue a politically motivated indictment.

While several individuals charged in connection with the January 6 attack on the Capitol have also claimed selective prosecution, their claims have been unsuccessful thus far.

It is worth noting that Trump's lawyers previously argued that the charges should be dismissed based on presidential immunity, claiming that he is protected from prosecution for actions performed within the "outer perimeter" of his official duties.

The multi-pronged legal argument presented by Trump's defense team highlights the complex nature of the case. Judge Chutkan has expressed her anticipation of the many novel issues that will be debated throughout the proceedings, setting the stage for a highly contested trial.

As the trial date approaches, the nation waits to see how the court will navigate the constitutional questions raised and the potential impact on future legal proceedings involving former presidents.