Former federal prosecutor Francey Hakes told Newsmax if she were on former President Donald Trump's legal team, she would file a motion to dismiss the four-count federal indictment issued against him Tuesday because all the charges stemmed from his time as president.
Trump was indicted by Department of Justice special counsel Jack Smith for his alleged role in trying to overturn the results of the 2020 election. The indictment was delivered by a grand jury in federal court in Washington. Trump, who is the front-runner for the 2024 Republican presidential nomination, has denied any wrongdoing.
Three of the four counts are conspiracy charges, with one allegedly taking place from on or about Nov. 14, 2020, to on or about Jan. 7, 2021. The other two cover dates on or about Nov. 14, 2020, through on or about Jan. 20, 2021, which was Trump's last day in office. The fourth charge, obstruction of an official proceeding, covers the dates of Nov. 14, 2020, through Jan. 7, 2021.
"This indictment sits on quicksand, more than any other indictment or charge or investigation against President Trump," Hakes told "The Record With Greta Van Susteren." "… The conspiracy dates are from the election of 2020 through the last day the president was in office in January of 2021.
"That means they're charging him with conspiracy to violate the law for crimes committed while he was in office. There is only one prescription in the Constitution for crimes committed by a president in office. And that is impeachment. They cannot bring criminal cases later; they have to pursue impeachment for crimes in office. So, what I would file first is a motion to dismiss on that basis."
Hakes, a former assistant U.S. attorney for the northern district of Georgia, said there are so many troubling aspects of the indictment, including it coming a day after Devon Archer, a former business associate of President Joe Biden's son, Hunter Biden, testified before a House committee that Hunter Biden got his father, who was vice president at the time, to talk on the phone or meet in person more than 20 times with Hunter's business partners overseas.
Archer's testimony countered Joe Biden's claims that he has had nothing to do with or has had no knowledge of his son's business dealings.
"The timing of this indictment stinks coming the day after Devon Archer's bombshells against the Biden family, so I think quicksand is the best term for this indictment because I think it's going to sink pretty fast," Hakes said.
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