In a series of late-night pre-holiday court filings–we highlighted his attempt to dismiss the DC federal case about his attempt to undermine the 2020 election based on “selective and vindictive prosecution” earlier–Donald Trump filed two additional motions to dismiss, one based on constitutional grounds and one on statutory grounds.
Along with the standard attempt to argue the First Amendment allows him to defraud the United States and obstruct official proceedings, Trump’s team also makes the obviously flawed argument that Trump cannot be charged because he’s covered by double jeopardy due to the Senate’s acquittal of him in his second impeachment. (Among the “anti” arguments: 1. An impeachment isn’t a criminal trial; double jeopardy doesn’t apply. 2. The Founders provided for criminal liability on top of impeachment trials. 3. He was not impeached for the charges he faces in DC federal court.)
On the statutory grounds, the arguments are just as specious, including claiming that Trump didn’t actually do anything criminal–that is, take an actual action–even if he did know about, say, the plot to submit slates of fake electors in an attempt to force a suspension of certification of the election. They also make a reference to their claimed “presidential immunity,” something that doesn’t actually exist.