(CNN) — Donald Trump’s legal team is asking a federal court to dismiss the January 6, 2021, election subversion case, saying that the office of special counsel Jack Smith is unconstitutional, in a court filing 12 days before the presidential election. “Everything that Smith did since Attorney General (Merrick) Garland’s appointment, as President Trump continued his leading campaign against President Biden and then Vice President Harris, was unlawful and unconstitutional,” Trump’s lawyers argue . The defense peppered the filing on Thursday with political jabs at President Joe Biden, with a handful of mentions of the election as well as Biden’s comment this week to “lock him up .
.. politically.
” Trump’s team writes that Garland was “following improper 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.” “I know this sounds bizarre – it sounds like if I said this five years ago, you’d lock me up. We gotta lock him up,” Biden said in New Hampshire on Tuesday, adding, “ Politically lock him up.
Lock him out. That’s what we have to do.” Trump’s court filing, however, does not mention the “politically” caveat or other context.
Judge Tanya Chutkan, who is overseeing the case against Trump in DC, has repeate.
