Hillary Clinton‘s lawyers asked a federal court to toss Donald Trump‘s “Russiagate” lawsuit against her.
Attorneys for the failed presidential candidate say the suit, which alleges Clinton engaged in “racketeering” and a “conspiracy to commit injurious falsehood” about the former president’s 2016 campaign’s ties to Russia, lacks legal merit in a motion to dismiss filed Wednesday.
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“Whatever the utility of Plaintiff’s Complaint as a fundraising tool, a press release, or a list of political grievances, it has no merit as a lawsuit, and should be dismissed with prejudice,” the filing says. “By the complaint’s own telling, these alleged events occurred long ago, and Plaintiff has been aware of his purported injuries for years.”
Clinton’s lawyers contend that she disputes the allegations in the lawsuit but emphasize that even if they were true, Trump’s suit fails to identify a “cognizable legal causes of action.” Clinton’s lawyers maintain that “the statute of limitations on his claims expired long ago” and that the First Amendment protects her campaign’s activities during the election.
“At most, Plaintiff alleges that other entities sought to further Clinton’s candidacy and, after the election, politically opposed Plaintiff’s administration,” the motion argues. “This is conduct plainly protected by the First Amendment, and there is nothing unlawful about engagement in political activity.
If U.S. District Judge Donald Middlebrooks, who is presiding over the case, dismisses the claim with prejudice, Trump would not be able to refile a similar suit. The motion to dismiss was filed in the U.S. District Court for the Southern District of Florida.
Trump filed the lawsuit late last month against Clinton, the Democratic National Committee, and others. He alleged the defendants pushed false claims that he colluded with Russia to win the 2016 election by “[crippling] his bid for presidency” and then shifted “their focus to undermining his presidential administration.” His lawsuit seeks damages for the Russiagate attacks.
“As a direct and proximate cause of the Defendants’ actions, Trump has sustained significant injuries and damages including, but not limited to, expenses in the form of defense costs, legal fees and related expenses … in an amount no less than twenty-four million dollars ($24,000,000) and continuing to accrue, as well as the loss of existing and future business opportunities,” Trump’s 108-page lawsuit contends.
In the motion, Clinton’s lawyers emphasize that Clinton did not knowingly try to harm Trump’s business dealings with her public comments on his relationship with Russia.
“Clinton’s statements deal entirely with Trump’s presidency and his fitness for public office. There is no allegation that Clinton knew or intended that the alleged statements would harm plaintiff’s business interests, or induce others not to deal with him commercially,” the motion reads.
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Clinton’s filing pertains to the allegations against her, specifically. Other defendants in the lawsuit could join her motion to quash the suit. So far, the defendants have taken different approaches to Trump’s filing, with some attempting to stall.
Middlebrooks was appointed to the federal court by Clinton’s husband, Bill Clinton, during his presidency in the 1990s. Trump requested that the judge recuse himself from the case, but Middlebrooks quickly rejected that request, Politico reported.
