Donald Trump resorted to illegal actions in his attempt to overturn the 2020 election results, according to a new court filing by Special Counsel Jack Smith. The filing, made public on Wednesday, argues that the former president is not immune from prosecution for his efforts to interfere with the election.
Smith, who is leading the election interference case against Trump, challenged the ex-president’s claim of immunity under a recent Supreme Court ruling. Trump has argued that the ruling, which grants immunity for official acts while in office, protects him from prosecution. However, prosecutors argue that some of Trump’s actions were not official acts but personal attempts to subvert the election results.
In the 165-page document, prosecutors detail Trump’s “private criminal effort” to challenge Joe Biden’s victory in the 2020 election, claiming that these actions were outside the scope of his duties as president. Prosecutors argue that Trump must stand trial “as any other citizen” for his private crimes.
The case has been delayed for over a year, with Trump’s legal team pushing to keep key filings sealed. This latest filing represents one of the final opportunities for prosecutors to present their case before next month’s election, where Trump is set to compete against Democratic rival Kamala Harris for the presidency.
The document lays out several incidents where Trump’s vice-president, Mike Pence, expressed doubts about Trump’s voter fraud claims. It also describes how Trump remained indifferent when rioters stormed the Capitol on January 6, 2021, in an attempt to block the certification of Biden’s victory. Pence, who refused to go along with Trump’s plan, later revealed the extent of his falling out with the president, particularly after rioters chanted “Hang Mike Pence” during the attack.
Prosecutors also revealed that Trump had planned to declare victory in the election regardless of the outcome, accusing him of knowingly spreading false claims about voter fraud. New details in the filing include accusations that Trump campaign operatives, such as Rudy Giuliani, sought to “exploit the violence” at the Capitol by encouraging senators to object to the certification of the election results.
Despite these allegations, Trump continues to deny any wrongdoing, calling the case a politically motivated “hit job.” His lawyers have labeled the filing “falsehood-ridden” and unconstitutional, while Trump insists the case will end in his “complete victory.” A trial date has yet to be set.
