Prosecutors are seeking to try Donald Trump "for crimes the grand jury never charged" by claiming he is responsible for events at the U.S. Capitol on January 6, 2021, the former president's legal team argued in a late night court filing Wednesday.
In a 17-page court filing Wednesday in the Washington, D.C. election-subversion case, the former president's legal team argued in support of their motion from late October seeking to have references to the events of Jan. 6, 2021 stricken from his 45-page indictment.
Trump's legal team had argued in their Oct. 23 motion that because none of the four felony counts in the case directly charge the former president with responsibility for the actions at the Capitol on January 6, 2021, "allegations related to these actions are not relevant and are prejudicial and inflammatory" and should be stricken from the indictment.
Trump is charged with four federal felonies in the case alleging he obstructed the 2020 presidential election and has pleaded not guilty to all charges. His trial is scheduled to begin on March 4.
In a response to Trump's motion filed last week, prosecutors countered by arguing that the former president is, in fact, responsible for those events.
"The court should recognize the defendant’s motion for what it is: a meritless effort to evade the indictment’s clear allegations that the defendant is responsible for the events at the Capitol on January 6," Special Counsel Jack Smith's office said in its response last week.
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