Trump 'used crimes' to overturn 2020 results

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The filing was filed by Jack Smith, the prosecutor appointed to lead the federal election interference case.

Donald Trump “resorted to crimes” in an effort to overturn his 2020 election defeat, prosecutors say in a new court filing that argues the former president is not immune from charges.

Special counsel Jack Smith, the prosecutor appointed to lead the election interference case against Trump, submitted the filing, which was made public Wednesday.

The filing challenges Trump's claim that he is protected by a landmark Supreme Court ruling this summer that grants broad immunity from prosecution for official acts performed while in office.

Since there will be no trial before Trump, a Republican, competes with his Democratic rival Kamala Harris for the White House election next month, the 165-page court document could be the last chance for the prosecutors to present their case.

In the filing filed Wednesday, prosecutors say Trump did not always act in an official capacity and instead engaged in a “private criminal effort” to overturn the 2020 results.

The document is an effort by prosecutors to advance criminal charges against Trump following the Supreme Court's ruling in July.

That prompted prosecutors to narrow the scope of their indictment. Indeed, the ruling did not apply immunity to unofficial acts, leading prosecutors to argue that while Trump may still be in power, some of his alleged efforts to overturn the election were linked to his campaign and his life as a simple citizen.

The court should “determine that the defendant should be tried for his private crimes as he would any other citizen,” Mr. Smith wrote in the new filing.

The case has been frequently delayed since charges were filed by the Justice Department more than a year ago accusing Trump, who denies any wrongdoing, of seeking to illegally block the certification of President Joe's victory Biden.

The filing details several instances in which Trump's vice president, Mike Pence, expressed doubts about his boss's claims of voter fraud and tried to persuade him to accept that he had lost the election.

In the court document, prosecutors say Trump was not upset when he learned his vice president had been rushed to a safe location as rioters stormed the Capitol on Jan. 6, 2021. “So what?” he would have said, informed of the scenes.

Pence then went public with his spat with Trump following the storming of Congress, when some rioters shouted “Hang Mike Pence” because the vice president refused to obstruct the certification of the election results.

What the Supreme Court's immunity ruling means for Trump… in 60 seconds

Trump's lawyers fought to keep the latest filing sealed, and campaign spokesman Steven Cheung called it “disingenuous” and “unconstitutional.”

In a post on his Truth Social platform on Wednesday, Trump called it a “hit” and said it “should not have been released right before the election.”

He accused prosecutors of “egregious” misconduct.

The filing offers new evidence and presents the clearest view yet of how prosecutors would seek to present their case against Trump at trial.

He says he always intended to declare victory whatever the outcome and laid the groundwork for it well before Election Day. He is also accused of knowingly spreading false statements about a vote that he himself deemed “crazy”.

Mr. Smith also provides several new details about the Trump campaign's alleged role in the chaos in battleground states, where large numbers of mail-in ballots were counted in 2020 due to the Covid-19 pandemic. 19.

In the Democratic stronghold of Detroit, Michigan, when a large number of ballots appeared to be in Biden's favor, a Trump campaign worker reportedly asked his colleague to “find a reason” for something to happen. It was wrong with the ballots to give him “options to file a dispute.”

The filing also claims that Trump and his allies, including attorney Rudy Giuliani, sought to “exploit the violence and chaos at the Capitol” on January 6, 2021, to delay certification of the election. They allegedly did this by calling senators and leaving them voicemails asking them to object to the state's electors.

Trump said Wednesday the case would end in his “complete victory.” No trial date has been set.

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