Prosecutors have argued that Donald Trump “resorted to crimes” in his efforts to overturn the 2020 election results and should not be immune from prosecution. A new court filing refutes Trump’s claim for legal immunity, which he says is backed by a recent Supreme Court ruling. That ruling, however, states that a sitting president is immune from prosecution only for actions taken in an “official” capacity.
Prosecutors assert that Trump’s actions, which occurred while he was still in office, were carried out in a “private” capacity, aimed at advancing his personal interests, not those of the country. This filing is part of one of four criminal cases Trump has faced since losing the 2020 election.
The 165-page document released on Wednesday presents the clearest argument yet from Special Counsel Jack Smith’s team. They emphasize that while Trump was president when he attempted to block the election results, his efforts were focused on his campaign and private life, making it a “private criminal effort.” Therefore, they argue that Trump should face trial as any other citizen would.
Trump’s team had fought to keep the document sealed, with his campaign spokesman labeling it “falsehood-ridden” and “unconstitutional.” Despite attempts to delay the trial, it remains unresolved when the case will move forward, especially with Trump running for the 2024 election.
The court filing outlines Trump’s alleged plan, which included actions on January 6, 2021, when rioters stormed the US Capitol. The document claims that Trump was not concerned about the safety of Vice President Mike Pence during the riot, and that he had long intended to declare victory regardless of the actual results.
Special Counsel Smith also revealed new details about Trump’s campaign efforts to disrupt the vote count in battleground states, such as Michigan, where campaign operatives allegedly sought to challenge the legitimacy of ballots. Additionally, the filing alleges Trump and allies like Rudy Giuliani attempted to exploit the violence on January 6 to delay certification of Joe Biden’s victory.
In response to the new filing, Trump continues to assert that the 2020 election was “rigged,” despite such claims being widely debunked. He also criticized the timing of the document’s release, accusing prosecutors of trying to damage his 2024 campaign. A trial date has yet to be set, though Trump maintains the case will end in his “complete victory.”
