In a recently unsealed court filing, Special Counsel Jack Smith has presented a comprehensive overview of the criminal case against Donald Trump, focusing on allegations of his attempts to overturn the 2020 election results and asserting that he is not immune from prosecution.
The filing, released on Wednesday by U.S. District Judge Tanya Chutkan with minor redactions, spans 165 pages and aims to establish that Trump’s actions surrounding the election were conducted in a personal, rather than presidential, capacity.
This development follows a Supreme Court ruling earlier this summer, affirming that while presidents have broad immunity for actions taken in their official capacity, they do not enjoy such protection for conduct as private citizens or candidates.
“When the defendant lost the 2020 presidential election, he resorted to criminal acts to maintain his position,” stated the special counsel’s team. “Together with private co-conspirators, he initiated a series of increasingly desperate plans to overturn legitimate election outcomes in seven states where he had lost.”
Additionally, a D.C. grand jury indictment accuses Trump of actions that led to the violent insurrection at the U.S. Capitol on January 6, 2021. Should he regain the presidency, Trump is anticipated to direct new leadership at the Justice Department to dismiss this pivotal case.
According to the special counsel, “At its core, the defendant’s scheme was a private criminal effort. As a candidate, he employed deceit to manipulate every phase of the electoral process.”
While the key elements of the special counsel’s allegations against Trump have been public knowledge for some time, this filing unveils additional details, including Trump’s discussions with former Vice President Mike Pence.
There has been contention between Trump’s legal team and Special Counsel Jack Smith regarding the release of this brief, considering its potential ramifications for the upcoming 2024 election, in which Trump is the leading Republican candidate.
Ultimately, Judge Chutkan permitted the partial release of the government’s updated arguments against Trump, emphasizing the importance of public access to understand the court’s forthcoming ruling on immunity.
