Washington DC - Former President Donald Trump has launched his latest attempt to have his election subversion case dismissed, arguing that it constitutes "double jeopardy."

The filing, which was submitted only moments before the midnight deadline late Monday, sees Trump and his legal team claim that because he was never charged for inciting the riots that took place on January 6, the case should be dismissed.

The motion argues that because he was already impeached – but not convicted – while president, he should not be retried on similar allegations.

"The Constitution's plain text, structural principles of separation of powers, our history and tradition, and principles of Double Jeopardy bar the Executive Branch from seeking to re-charge and re-try a President who has already been impeached and acquitted in a trial before the US Senate," the filing reads.

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But as The Washington Post pointed out, Trump's lawyers previously argued the exact opposite during his impeachment trial, when they specified that he could be prosecuted later if the Senate acquits him.

Aside from blaming alleged political persecution by President Joe Biden, Monday's filing also restates another constitutional argument frequently made by the ex-president.

"The indictment must be dismissed because it seeks to criminalize core political speech and advocacy that lies at the heart of the First Amendment," it says.