Prosecutors Claim Trump Engaged in Crimes to Overturn 2020 Election

Donald Trump “resorted to crimes” in a bid to overturn his 2020 election loss, according to prosecutors in a recent court filing that asserts the former president is not immune from prosecution. Special Counsel Jack Smith, who is leading the election interference case against Trump, submitted the filing, which was made public on Wednesday.

This document counters Trump’s argument that a landmark Supreme Court ruling earlier this summer provides him with broad immunity for official acts performed during his presidency. With no trial scheduled before Trump faces off against his Democratic rival Kamala Harris in next month’s election, the 165-page filing may represent the last opportunity for prosecutors to outline their case.

In the filing, prosecutors contend that Trump did not always act in an official capacity and engaged in a “private criminal effort” to overturn the results of the 2020 election. This response aims to clarify the criminal case against Trump in light of the July Supreme Court ruling, which did not grant immunity for unofficial actions. Prosecutors argue that some of Trump’s alleged attempts to overturn the election were tied to his campaign and his private life, separate from his duties as president.

The court must “determine that the defendant must stand trial for his private crimes as he would any other citizen,” Smith wrote in the new document.

The case has faced multiple delays since charges were filed over a year ago, accusing Trump of attempting to unlawfully block the certification of President Joe Biden’s victory. The filing highlights instances where Vice President Mike Pence expressed skepticism about Trump’s claims of voter fraud and urged him to accept his loss. Notably, when informed that rioters were storming the Capitol on January 6, 2021, and that Pence had been moved to a secure location, Trump allegedly responded with indifference, saying, “So what?”

Pence later publicly revealed the rift with Trump, especially after rioters chanted “Hang Mike Pence” due to his refusal to obstruct the certification of the election results.

Trump’s legal team attempted to keep the filing sealed, with campaign spokesman Steven Cheung calling it “falsehood-ridden” and “unconstitutional.” On his Truth Social platform, Trump described the filing as a “hit job” that should not have been released ahead of the election, accusing prosecutors of “egregious” misconduct.

The filing provides fresh evidence and insights into how prosecutors plan to present their case at trial. It alleges that Trump intended to declare victory regardless of the actual election outcome and laid the groundwork for this narrative well before Election Day. Moreover, it accuses him of knowingly disseminating false claims about the vote, which he privately labeled as “crazy.”

Smith also reveals new details regarding the Trump campaign’s efforts to instigate chaos in battleground states, particularly in Democratic strongholds like Detroit, Michigan. When a significant batch of ballots appeared to favor Biden, a Trump campaign operative allegedly instructed a colleague to “find a reason” to dispute the ballots to create “options to file litigation.”

Additionally, the filing claims that Trump and his associates, including lawyer Rudy Giuliani, sought to “exploit the violence and chaos at the Capitol” on January 6 to delay the certification of the election. They purportedly did this by contacting senators and leaving voicemails urging them to object to the state electors.

On Wednesday, Trump stated that he believes the case will conclude with his “complete victory,” though a trial date has yet to be set.