Former U.S. President Donald Trump “resorted to crimes” to overturn the results of the 2020 presidential election, according to a new court filing by Special Counsel Jack Smith. The filing, released on Wednesday, argues that Donald Trump is not immune from prosecution for his alleged attempts to block the certification of Joe Biden’s victory, even while in office.
The 165-page document challenges Donald Trump’s claim of immunity, which he bases on a Supreme Court ruling this summer that offers broad protections for official actions conducted by a president. However, prosecutors argue that Donald Trump’s efforts to subvert the election were not official acts but rather part of a “private criminal effort” to retain power after his defeat.
The court document comes as Donald Trump prepares to compete in next month’s presidential election, where he faces Democratic Vice President Kamala Harris. With no trial date set before the election, this filing may be prosecutors’ last chance to detail their case before voters head to the polls.
Prosecutors contend that Donald Trump’s actions crossed legal boundaries, alleging that he knowingly spread false claims of voter fraud and planned to declare victory regardless of the actual election outcome. The document points to instances in which Donald Trump ignored warnings from his own vice-president, Mike Pence, who expressed doubt over the voter fraud claims. Pence reportedly urged Donald Trump to accept the loss, but the president pressed forward with efforts to challenge the election, culminating in the violent storming of the U.S. Capitol on January 6, 2021.
According to the filing, Donald Trump was indifferent when informed that Pence had been rushed to a secure location as rioters stormed the Capitol. “So what?” he allegedly responded when told of the chaos.
Prosecutors also revealed new evidence of Donald Trump campaign operatives attempting to exploit the confusion caused by mail-in ballot counts in battleground states like Michigan. Donald Trump aides, including lawyer Rudy Giuliani, allegedly tried to delay the certification of Biden’s victory by contacting senators and urging them to object to state electors.
Donald Trump has denied any wrongdoing and called the case a “hit job” designed to tarnish his campaign. His lawyers attempted to block the release of Wednesday’s filing, calling it “falsehood-ridden” and “unconstitutional.” Despite the legal challenges, Donald Trump remains confident, asserting that the case will end with his “complete victory.”
