Courts & Litigation Criminal Justice & the Rule of Law

Trump Files Motion to Dismiss Jan. 6 Case on Constitutional Grounds

Matt Gluck
Tuesday, October 24, 2023, 11:33 AM
Trump moved to dismiss the government’s case against him on several constitutional bases.

Published by The Lawfare Institute
in Cooperation With

On Oct. 23, former President Donald Trump filed a motion to dismiss on constitutional grounds the Justice Department’s case concerning Trump’s role in the Jan. 6 attack on the Capitol. The motion first invokes the First Amendment stating, “If there is any constant in our democratic system of governance, it is that the marketplace of ideas—not the mandates of government functionaries or partisan prosecutors—determines the scope of public debate.”

Trump further argues that the indictment must be dismissed because he was already acquitted under the impeachment clause and trial in the district court would constitute double jeopardy. Finally, Trump argues that he lacked fair notice that his “political advocacy” could be criminalized, so prosecution would violate the Fifth Amendment’s Due Process Clause. 

You can read the filing here or below:

Matt Gluck is a research fellow at Lawfare. He holds a BA in government from Dartmouth College.

Subscribe to Lawfare