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Biden's 'lock him up' remark sparks Trump's latest legal counterattack in federal election case



President Joe Biden's "lock him up" remark against Donald Trump this week has prompted the former president's legal team to file a motion to dismiss the ongoing federal case against him.

On Tuesday, while campaigning in New Hampshire for Vice President Kamala Harris, Biden told a group of supporters that Trump believes the Supreme Court's presidential immunity ruling gives him the authority to "actually eliminate, physically eliminate, shoot, kill someone who he believes to be a threat to him."

'This unjust case was dead on arrival.'

"I mean, so I know this sounds bizarre, it sounds like I said this five years ago, he'd lock me up," Biden stated.

"We gotta lock him up," the president declared.

Moments later, Biden attempted to backpedal, adding, "Politically, lock him up — lock him out, that's what we've got to do."

On Thursday, Trump's legal team filed a motion to dismiss the federal case that claims he attempted to overturn the 2020 presidential election.

In the motion, his lawyers pointed to Biden's Tuesday comments as evidence that the case is nothing more than a political vendetta.

Trump's legal team wrote, "The proposed motion establishes that this unjust case was dead on arrival — unconstitutional even before its inception."

His attorneys further alleged that the appointment of special counsel Jack Smith was unlawful because it circumvented Congress.

"In November 2022, the Attorney General [Merrick Garland] 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 motion continued.

Trump's attorneys argued, "Garland did so following improper public 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."

Last week, U.S. District Judge Tanya Chutkan rejected Trump's request to delay Smith's public release of additional documents pertaining to the case.

Trump's lawyers contended that the documents' release could amount to election interference with the upcoming presidential election just weeks away. However, Chutkan ruled that not releasing the records could "constitute — or appear to be — election interference."

Smith's other federal case against Trump was dismissed in July after U.S. District Judge Aileen Cannon ruled that his appointment was unlawful.

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Judge engages in election interference by allowing Jack Smith docs release, Trump campaign says: 'Case is a sham'



On Thursday, United States District Judge Tanya Chutkan rejected a request from former President Donald Trump's legal team to delay special counsel Jack Smith's public release of additional documents pertaining to a federal case against the Republican presidential nominee, claiming he attempted to overturn the 2020 presidential election.

In the defense's request to delay, Trump's lawyers stated that releasing the prosecution's alleged evidence just weeks before the presidential election and amid "early voting creates a concerning appearance of election interference."

'Radical Democrats are hell-bent on interfering in the presidential election on behalf of Lyin' Kamala Harris.'

However, according to Chutkan, withholding the release of documents to the public would have amounted to "election interference."

"There is undoubtedly a public interest in courts not inserting themselves into elections, or appearing to do so," Chutkan stated. "But litigation's incidental effects on politics are not the same as a court's intentional interference with them. As a result, it is in fact Defendant's requested relief that risks undermining that public interest: If the court withheld information that the public otherwise had a right to access solely because of the potential political consequences of releasing it, that withholding could itself constitute — or appear to be — election interference."

Hundreds of pages of documents from Smith's investigation were released on Friday.

A second federal case lodged against Trump was tossed in July by Judge Aileen Cannon of the U.S. District Court for the District of Southern Florida after she concluded with the defense that Smith's appointment as special counsel was "unlawful" because it circumvented Congress.

Cannon's decision came just weeks after the U.S. Supreme Court found that Trump does have some presidential immunity for actions taken in his official capacity.

Since then, Smith has been desperately grasping at straws to keep the federal election case alive and revive the classified documents case dismissed by Cannon.

Trump's team has repeatedly called all the cases filed against him — including Smith's federal prosecutions, the New York criminal case, and the Georgia case — a sham and a witch hunt.

Trump campaign spokesman Steven Cheung told Fox News Digital on Friday, "Radical Democrats are hell-bent on interfering in the presidential election on behalf of Lyin' Kamala Harris."

"With just over two weeks until Election Day, President Trump is dominating this race, and crazed liberals throughout the Deep State are freaking out," Cheung continued. "As mandated by the Supreme Court's historic decision on presidential Immunity and other vital jurisprudence, this entire case is a sham and a partisan, unconstitutional witch hunt that should be dismissed entirely — as should all of the remaining Democrat hoaxes."

Much of the material unsealed to the public on Friday was previously released in other forms or already publicly available information, Fox News Digital reported. Most of the alleged evidence compiled by the special counsel remains sealed.

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