Lawyers for former President Donald Trump have filed new motions challenging the federal election subversion case against him. The defense argues that the indictment should be dismissed because it violates Trump's free speech rights and represents a vindictive prosecution. The pending argument by defense attorneys is that Trump is immune from federal prosecution for actions taken within his official role as president.

Special counsel Jack Smith's team is expected to reject these arguments, but the challenges could potentially delay the trial set for March. The defense claims that Trump is being prosecuted for political reasons and argues that his First Amendment rights allow him to challenge the outcome of the election and allege fraud. They argue that the prosecution is attempting to criminalize political speech and advocate for government officials to act on Trump's views. Legal experts believe Trump's First Amendment claims are unlikely to succeed given the actions he and his allies took to attempt to overturn the election.

The defense also asserts that Trump is being prosecuted vindictively and for political reasons, alleging that President Biden aims to incapacitate his main political rival. They claim that the appointment of Special Counsel Smith was intended to protect Biden and his supporters from scrutiny. Finally, the defense requests that references to the Capitol attack on January 6 be struck from the indictment since Trump has not been accused of inciting the riot. Prosecutors allege that Trump's actions contributed to the chaos, pointing to his speech before the riot in which he urged supporters to "fight like hell."