Trump's attorneys are requesting once more that the federal election interference case be dismissed.

According to the filing, special counsel Jack Smith was appointed unlawfully

 Trump's attempt to have the obstruction charges from January 6 dismissed is urged by the special counsel to be denied.

In the Jan. 6 lawsuit against Donald Trump, special counsel Jack Smith is pleading with the judge to deny Trump's lawyers' attempt to have the obstruction-related charges in the case dismissed.

His attorneys on Thursday began a fresh attempt to have a federal judge dismiss Trump's election meddling case by claiming that special counsel Jack Smith was improperly appointed and funded, just hours after former President Donald Trump pledged to remove Smith as one of his first actions as president.

Trump's attorneys requested Judge Tanya Chutkan to dismiss the lawsuit, which focuses on Trump's unlawful attempt to stay in office after losing the 2020 election, using the same defense that led to the dismissal of the former president's case involving confidential papers earlier this year.



"The proposed motion establishes that this unjust case was dead on arrival—unconstitutional even before its inception," the paperwork stated.

A federal appeals court in Washington, D.C., has already rejected the same claim, so Trump's attorneys had to request permission to make their motion. Judge Chutkan, who said during a court hearing last month that the argument was not "particularly persuasive," is unlikely to be open to the move.

Chutkan chastised Trump's attorneys earlier this month for "focusing on political rhetoric rather than addressing the legal issues at hand." 

 Donald Trump, a Republican presidential contender and former president, speaks at a campaign event at M...Display more
Rebecca Noble/Getty Images/AFP

In their filing, Trump's attorneys referenced Justice Clarence Thomas' concurring opinion in the Supreme Court's presidential immunity ruling, which raised "serious questions" about whether U.S. Attorney General Merrick Garland had the right to appoint Smith, and Judge Aileen Cannon's "thorough and well-reasoned opinion" dismissing the former president's case involving classified documents.

Additionally, the complaint focused on President Joe Biden's Tuesday statement that "We got to lock him up," claiming without proof that Biden encouraged Garland to attack Trump.

"In November 2022, the Attorney General violated the Appointments Clause by naming private-citizen Smith to target President Trump, while President Trump was campaigning to take back the Oval Office from the Attorney General's boss, without a statutory basis for doing so," the document stated.

Trump's assault on Smith on Thursday was the most recent in a nearly two-year-long probe into his alleged criminal activities by the Justice Department and special counsel.



Trump entered a not guilty plea last year to federal allegations of hatching a "criminal scheme" to rig the 2020 election results in order to maintain his hold on power.

In order to honor the Supreme Court's July decision that Trump is entitled to immunity from criminal prosecution for official acts performed as president, Smith later charged Trump in a superseding indictment. This decision essentially postponed any possible trial until after the November election.