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Republican presidential candidate former President Donald Trump claps at a campaign rally at Georgia State University in Atlanta, Saturday, Aug. 3, 2024. (AP Photo/John Bazemore)

Judge in Trump's federal election subversion case rejects defense effort to dismiss the prosecution

The federal judge presiding over the election subversion case against former President Donald Trump has rejected a defense effort to dismiss the indictment on grounds that he was prosecuted for political purposes

By ERIC TUCKER
Published - Aug 03, 2024, 07:18 PM ET
Last Updated - Aug 03, 2024, 07:19 PM EDT

WASHINGTON (AP) — The federal judge presiding over the election subversion case against former President Donald Trump rejected Saturday a defense effort to dismiss the indictment on claims that he was prosecuted for vindictive and political purposes.

The ruling from U.S. District Judge Tanya Chutkan is the first substantive order since the case was returned to her Friday following a landmark 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 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 President Joe Biden and the Justice Department launched a prosecution to prevent him from winning reelection.

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.

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