前总统去世几小时后唐纳德·特朗普发誓要开枪特别顾问杰克·史密斯作为他上任后的第一步，他的律师周四发起了一项新的努力，要求联邦法官驳回特朗普的选举干预案，辩称史密斯是非法资助和任命的。
利用与前总统相同的论点机密文件案特朗普的律师今年早些时候被驳回，他们敦促法官塔尼亚·楚特坎(Tanya Chutkan)驳回该案，该案的核心是特朗普在2020年大选失败后非法试图继续掌权。
“提议的动议确定，这个不公正的案件在到达时就已经死亡——甚至在它开始之前就是违宪的，”文件中说。
Chutkan法官上个月在一次法庭听证会上表示，这一论点不是“特别有说服力”，不太可能接受这一举动，特朗普的律师需要请求允许他们提出动议，因为华盛顿特区的一家联邦上诉法院已经驳回了同样的主张。
在本月早些时候的一项命令中，楚特坎批评特朗普的律师“专注于政治言论，而不是解决手头的法律问题。”
在他们的文件中，特朗普的律师引用了艾琳·坎农法官驳回前总统机密文件案的“全面和合理的意见”，以及克拉伦斯·托马斯法官在最高法院总统豁免权裁决中的赞同意见，对美国司法部长梅里克·加兰是否有权任命史密斯提出了“严重的问题”。
该文件还抓住了美国总统乔·拜登(Joe Biden)周二发表的“我们必须把他锁起来”的言论，声称没有证据表明拜登敦促加兰针对特朗普。
“2022年11月，司法部长违反了任命条款，任命私人公民史密斯针对特朗普总统，而特朗普总统正在竞选从司法部长的老板手中夺回椭圆形办公室，没有这样做的法定依据，”文件说。
特朗普周四对史密斯的攻击是特别顾问和司法部对他涉嫌犯罪活动进行近两年调查的最新一起攻击。
特朗普去年不服罪联邦指控进行“犯罪阴谋”推翻2020年选举结果，以继续掌权。
史密斯随后指控特朗普替代起诉书这一点得到了调整，以尊重最高法院7月份的裁决，即特朗普有权对担任总统期间的官方行为免于刑事起诉——这一决定实际上将任何潜在的审判推迟到11月大选之后。
Trump's lawyers again ask to dismiss federal election interference case
Hours after former PresidentDonald Trumpvowed to firespecial counsel Jack Smithas one of his first moves in office, his lawyers launched a new effort Thursday to have a federal judge throw out Trump's election interference case by arguing that Smith was illegally funded and appointed.
Utilizing the same argument that got the former president'sclassified documents casedismissed earlier this year, Trump's lawyers urged Judge Tanya Chutkan to dismiss the case that centers on Trump's illegal effort to remain in power after losing the 2020 election.
"The proposed motion establishes that this unjust case was dead on arrival—unconstitutional even before its inception," the filing said.
Judge Chutkan, who last month remarked during a court hearing that the argument was not "particularly persuasive," is unlikely to be receptive to the move, and Trump's lawyers needed to ask for permission to make their motion because a federal appeals court in Washington D.C. has already rejected the same claim.
In an order earlier this month, Chutkan criticized Trump's lawyers for "focusing on political rhetoric rather than addressing the legal issues at hand."
In their filing, Trump's lawyers cited Judge Aileen Cannon's "thorough and well-reasoned opinion" dismissing the former president's classified documents case as well as Justice Clarence Thomas concurring opinion in the Supreme Court's presidential immunity ruling raising "serious questions" about whether U.S. Attorney General Merrick Garland had the authority to appoint Smith.
The filing also seized on President Joe Biden's "We got to lock him up" remark on Tuesday, alleging without evidence that Biden urged Garland to target Trump.
"In November 2022, the Attorney General 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 filing said.
Trump's attack on Smith Thursday was the latest against the special counsel and the Justice Department in their nearly two-year-long investigation into his alleged criminal activity.
Trump last yearpleaded not guiltyto federal charges of undertaking a "criminal scheme" to overturn the results of the 2020 election in order to remain in power.
Smith subsequently charged Trump in asuperseding indictmentthat was adjusted to respect the Supreme Court's July ruling that Trump is entitled to immunity from criminal prosecution for official acts undertaken as president -- a decision that effectively delayed any potential trial until after the November election.
