Portfolio Media. Inc. | 230 Park Avenue, 7th Floor | New York, NY 10169 | www.law360.com Phone: +1 646 783 7100 | Fax: +1 646 783 7161 | customerservice@law360.com
Trump Insists Jan. 6 Irrelevant To Election-Interference Case By Phillip Bantz
Law360 (November 16, 2023, 4:20 PM EST) -- Donald Trump's lawyers argued Wednesday that "inflammatory allegations" of his involvement in the Jan. 6 attack on the Capitol building lack a "shred of evidence" and are irrelevant to his Washington, D.C., criminal election-interference case. The government has urged U.S. District Judge Tanya Chutkan to reject Trump's efforts to strike the riot-related allegations from his indictment. The government argued that the ex-president publicly "promoted and extolled the events" on the day of the riots before seeking to "distance himself" from those same events in his federal election-interference case. In response, Trump's legal team contended Wednesday that the government has yet to offer a "shred of evidence" to show that he incited chaos at the Capitol in the wake of his loss to Joe Biden in the 2020 presidential election. Trump's 17-page reply expanded on a six-page motion to strike he filed in October. Trump's team argued in the latest filing that the Jan. 6 allegations in Trump's indictment are irrelevant because they do not directly involve Trump or "relate to elements of any charges" against him. Trump is charged with conspiring to block the counting and certification of votes in an effort to overturn Biden's election win. Trump's response to the government's opposition to his motion to strike stresses that he has not been charged with "insurrection, incitement, or any other charge relating to the actions at the Capitol on January 6." "The prosecution admits this fact," the filing states. Trump's team further asserts that the Jan. 6 allegations are "inflammatory and prejudicial because their purpose is to attack [his] character through false allegations that will require a mini-trial and are collateral to the charges the prosecution filed." Trump also is poised to file a pretrial motion to keep Jan. 6 evidence out of his case, according to his response to the government. Trump campaign spokesman Steven Cheung asserted Thursday in a statement to Law360 that Trump's "actions in this case were conducted as part of his duty as President of the United States, to faithfully take care of the laws and ensure election integrity." Special counsel Jack Smith and prosecutors from his office have contended that the Jan. 6 allegations in the indictment are "relevant and probative evidence of [Trump's] conduct and intent, and they are neither prejudicial nor inflammatory." A spokesperson for Smith's office declined to comment on Trump's latest court filings. Trump also responded Wednesday to the government's opposition to his motion to stay the D.C. case until he has a "final resolution" on his argument that the matter should be dismissed based on his claims of presidential immunity. In claiming immunity, Trump acknowledged in his earlier motion that no court had ever decided