In a new court filing, special counsel Jack Smith argued against former President Donald Trump's attempts to have the charges against him dismissed in Washington, D.C. Smith's team made a strong case for Trump's prosecution, stating that his actions were not constitutionally protected speech but rather fraudulent use of false statements to further his criminal plans. They also indicated their intent to introduce evidence in Trump's trial that he stoked the January 6th Capitol riot and used it to try to derail Congress' proceedings that day. Prosecutors say they will rely on Trump's promise to pardon many of the rioters, his description of the day as a "beautiful day," and his decision to record a song with some of the prisoners involved in the riot.

Trump's attorneys filed motions to dismiss the case, arguing that the charges violate his First Amendment rights and claiming that the prosecution is selective and vindictive. However, prosecutors argued against these claims, stating that the indictment accurately describes Trump's fraudulent conduct and that his constitutional and statutory challenges are meritless.

Judge Tanya Chutkan, who is overseeing the case, will ultimately decide whether it proceeds. Trump has pleaded not guilty to the charges.