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Martha Stewart Seeks Dismissal of Charges

Martha Stewart's lawyers today filed motions to dismiss the charges against her.

"These motions by Martha Stewart seek to dismiss... the so-called "securities fraud" charge, to dismiss... the "obstruction of justice" charge, to strike inflammatory and irrelevant language in the indictment, and to request various discovery before trial," her lawyers said in a release posted on her Web site.

From the release:

Count Nine, the "securities fraud" charge, seeks to criminalize Ms. Stewart's public declarations that she had not engaged in insider trading in making a personal stock sale. This charge is unprecedented in the seventy-year history of the federal securities laws. It violates the First Amendment, the Due Process Clause, and the securities statute itself.

Count Eight, called "obstruction of justice" by the prosecution (even though it is not based on the obstruction of justice statute), must be dismissed because none of Ms. Stewart’s statements could have hindered the SEC investigation and the Indictment does not adequately allege that she was even aware of the SEC investigation when the statements were made.

You can read her lawyers's brief in support of their motin to dismiss here. We hope Martha wins. As we've said before, Fight, Martha, Fight. All of our coverage of Martha's case is available here.

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