Donald Trump files lawsuit against Jack Smith after threatening to fire him

Donald Trump’s lawyers are asking a federal judge to dismiss his election fraud case, saying the position of special counsel Jack Smith is unconstitutional.

“Everything Smith did since the appointment of Attorney General (Merrick) Garland, as President Trump continued his leadership campaign against President Biden and then Vice President Harris, was unlawful and unconstitutional,” Thursday’s motion said.

Trump was indicted on four counts in Washington, DC for allegedly working to overturn the results of the 2020 election in the lead-up to the riots at the US Capitol on January 6, 2021. The Republican presidential candidate pleaded not guilty and said the case was part of a political witch hunt.

In her new filing in Washington, D.C., Trump’s lawyer argues that Garland “followed President Biden’s inappropriate urging to target President Trump, as reported back in 2022, and was recently targeted by President Biden through his inappropriate direction.” “To block him, repeatedly,” as Smith illegally pushes the case as the presidential election quickly approaches.

The filing referred to President Biden’s speech in New Hampshire on Tuesday, in which he said that Trump should be locked up “politically” and made clear that he did not intend to put Trump in prison.

Newsweek sought emailed comment from Trump’s attorney on Friday.

Smith’s team is expected to file a response motion in the coming days.

Trump’s filing references Judge Aileen Cannon’s earlier dismissal of Trump’s classified documents case in Florida.

“Regardless of Judge Cannon’s findings, the Office of Special Counsel has continued to pursue and spend money on this case, and the Office is directly pursuing the appeal of Judge Cannon’s decision, not the Justice Department. These measures are ultra vires and are funded from a “source of funds to which Smith and the office should not have access,” it says.

It came just hours after Trump said he would fire Smith if elected president.

“Oh, it’s so simple. It’s that simple. I would fire him in two seconds,” Trump told conservative radio host Hugh Hewitt on Thursday morning.

Trump faced 40 federal charges in Cannon’s court over his alleged handling of sensitive materials seized from his Mar-a-Lago estate in Palm Beach, Florida, after he left the White House in January 2021. He was also accused of obstructing federal authorities’ efforts to retrieve them.

The Republican presidential candidate had pleaded not guilty and said the case was part of a political witch hunt.