'Selective and vindictive prosecution': Trump asks judge to dismiss 'nakedly political' Jan. 6 charges

Former President Donald Trump — who was elected in 2016 after vowing to prosecute his top political opponent — is now asking the court to dismiss charges against him arguing he's the victim of a politically motivated prosecution.

In a recent court filing, Trump's attorneys argued that Special Counsel Jack Smith's indictment of the former president in relation to his role in the January 6 insurrection should be thrown out "on the basis of selective and vindictive prosecution," adding that the charges are "nakedly political."

"The allegations in the indictment involve constitutionally authorized activities by President Trump as Commander In Chief, as well as speech and expressive conduct protected by the First Amendment," the filing read.

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Trump bolstered his argument by pointing to the timing of the appointment of Jack Smith as special counsel, which came shortly after Trump launched his 2024 campaign. Even though appointing a special counsel to oversee an investigation is standard practice to avoid the appearance of impropriety, Trump's legal team argued that Smith's appointment was "part of a flawed effort to insulate Biden and his supporters from scrutiny of their obvious and illegal bias."

"In the press release appointing Mr. Smith, the Attorney General stated that the appointment was necessary because of 'recent developments, including the former President's announcement that he is a candidate for President in the next election, and the sitting President's intention to be a candidate as well,'" the filing read.

It appears unlikely that Trump's motion will be successful, however. Jack Smith's indictment notably does not include charges against Trump for his January 6 speech, which the former president could argue was constitutionally protected speech. It does, however, indict the ex-president on four other counts: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

Aside from arguing that he's the victim of a politically motivated prosecution, Trump has also argued that his role as president insulates him from all criminal accountability. However, Smith challenged that theory in a 54-page filing in US District Court last week, arguing that several other presidents and vice presidents, including Bill Clinton, Richard Nixon, and Richard Burr were not immune from prosecution.

READ MORE: Jack Smith just tore apart Trump's 'starting' absolute immunity argument