Judge Rejects Trump’s Attempt to Dismiss DC Case Alleging Selective Prosecution
In her second act since regaining authority over Donald Trump’s federal election interference case, Judge Tanya Chutkan rejected the former president’s request to dismiss the case based on selective and vindictive prosecution.
Chutkan discovered “no proof” that prosecutors misused their power or acted vindictively in pursuing their case against the former president.
By refusing Trump’s request, Chutkan criticized what she labeled as Trump’s “inappropriate framing” that the accusations against him constitute a “theory…that it is unlawful to challenge the outcome of an election and collaborate with others to suggest alternative electors.”
“At this point, the court cannot agree with Defendant’s alternative narrative,” Chutkan penned.
Before the federal case was paused for over half a year, defense lawyers tried to have the case dismissed by arguing that Trump was unfairly prosecuted and unjustly targeted “to prevent him from becoming ‘the next President again.'”
“After examining Defendant’s proof and arguments, the court cannot determine that he has met his burden to establish either actual vindictiveness or the presumption of it, and thus finds no reason to dismiss this case on those grounds,” Chutkan wrote in a 16-page ruling.
Chutkan concluded that Trump did not provide evidence for either part of the two-part test to demonstrate selective prosecution – that he was singled out for prosecution or that the case was driven by a biased intent.
“With no proof of biased intent in the sources Defendant references, the court is only left with his baseless claims that this prosecution must be politically motivated because it coincides with his campaign for the Presidency,” Chutkan wrote.
Earlier in the day, Chutkan scheduled a hearing for Aug. 16 at 10 a.m., which Trump is not obligated to attend.
This will mark the first time in seven months that the parties will appear in Chutkan’s courtroom. Chutkan also dismissed Trump’s request to dismiss the case on statutory grounds.
Trump previously pleaded not guilty to accusations of orchestrating a “criminal scheme” to overturn the results of the 2020 election by enlisting a group of purported “fake electors,” utilizing the Justice Department to conduct “sham election crime investigations,” trying to engage the vice president to “manipulate the election results,” and spreading false claims of a stolen election as the Jan. 6 riot unfolded — all in an attempt to undermine democracy and retain power.
The former president has refuted all allegations.
Trump was initially set to go on trial on March 4 before his appeal halted the proceedings.