Biden’s ‘lock him up’ remark sparks Trump’s latest legal counterattack in federal election case
President Joe Biden’s “lock him up” remark against Donald Trump this week has prompted the former president’s legal team to file a motion to dismiss the ongoing federal case against him.
On Tuesday, while campaigning in New Hampshire for Vice President Kamala Harris, Biden told a group of supporters that Trump believes the Supreme Court’s presidential immunity ruling gives him the authority to “actually eliminate, physically eliminate, shoot, kill someone who he believes to be a threat to him.”
‘This unjust case was dead on arrival.’
“I mean, so I know this sounds bizarre, it sounds like I said this five years ago, he’d lock me up,” Biden stated.
“We gotta lock him up,” the president declared.
Moments later, Biden attempted to backpedal, adding, “Politically, lock him up — lock him out, that’s what we’ve got to do.”
On Thursday, Trump’s legal team filed a motion to dismiss the federal case that claims he attempted to overturn the 2020 presidential election.
In the motion, his lawyers pointed to Biden’s Tuesday comments as evidence that the case is nothing more than a political vendetta.
Trump’s legal team wrote, “The proposed motion establishes that this unjust case was dead on arrival — unconstitutional even before its inception.”
His attorneys further alleged that the appointment of special counsel Jack Smith was unlawful because it circumvented Congress.
“In November 2022, the Attorney General [Merrick Garland] violated the Appointments Clause by naming private-citizen Smith to target President Trump, while President Trump was campaigning to take back the Oval Office from the Attorney General’s boss, without a statutory basis for doing so,” the motion continued.
Trump’s attorneys argued, “Garland did so following improper public urging from President Biden to target President Trump, as reported at the time in 2022, and repeated recently by President Biden through his inappropriate instruction to ‘lock him up’ while Smith presses forward with the case unlawfully as the Presidential election rapidly approaches.”
Last week, U.S. District Judge Tanya Chutkan rejected Trump’s request to delay Smith’s public release of additional documents pertaining to the case.
Trump’s lawyers contended that the documents’ release could amount to election interference with the upcoming presidential election just weeks away. However, Chutkan ruled that not releasing the records could “constitute — or appear to be — election interference.”
Smith’s other federal case against Trump was dismissed in July after U.S. District Judge Aileen Cannon ruled that his appointment was unlawful.
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