Former President Donald Trump's lawyers made a number of bold assertions in their late-night filings demanding the dismissal of special counsel Jack Smith's indictment of him on charges related to his attempts to illegally remain in power after losing the 2020 election.
CBS News' Scott MacFarlane flags one particularly striking filing in which Trump's attorneys demand that references to the January 6th riots at the United States Capitol building be stricken from the indictment.
In essence, the attorneys argue that the government has not charged Trump with inciting the riot at the Capitol, and thus any references to it are irrelevant to the case.
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What's more, Trump's lawyers argue that simply mentioning the January 6th riots could prejudice jurors against their client.
"The public has high awareness of, and strong views regarding, the actions at the Capitol on January 6, 2021," they argue. "Allegations in the indictment relating to these actions, when President Trump has not been charged with responsibility for them, is highly prejudicial and inflammatory because members of the jury may wrongfully impute fault to President Trump for these actions."
While Smith has not charged Trump with inciting the Capitol riots, he did charge Trump with a conspiracy to defraud the United States that included a campaign to boost fraudulent pro-Trump electors at the Capitol on January 6th, 2021 had former Vice President Mike Pence gone along with the former president's push to refuse to certify the results of the election.