DoJ accuses Donald Trump of private criminal efforts to overturn 2020 election results

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Donald Trump engaged in a private criminal effort to overturn the result of the 2020 US election, the prosecutor appointed to lead the federal prosecution against the former president has alleged, in an effort to advance one of the most serious against the Republican presidential candidate.

Trump and his allies used multiple criminal means to disrupt the 2020 vote, Jack Smith, the special counsel overseeing the U.S. Justice Department's cases against Trump, said in the 165-page court document unveiled Wednesday.

The filing, which has been peppered with redactions, is one of Smith's boldest attempts to advance a case that has been heavily delayed since the DoJ first indicted Trump more than a year ago in connection with an alleged attempt to block the certification of President Joe Biden. Victory 2020.

Smith's dossier contained new revelations about Trump's conduct in the aftermath of the 2020 election and on Jan. 6 of the following year, when a group of his supporters stormed the U.S. Capitol. Trump and his allies spread false claims about the vote for weeks to rile up these supporters, Smith claimed, and in particular pushed the idea that Vice President Mike Pence had the legal authority to prevent certification of the results by Congress, which Pence himself has vigorously denied.

At some point on Jan. 6, according to the filing, an aide informed Trump that Pence had been rushed to a safe location because of the threat he faced from rioters. So what? Trump responded.

Trump has claimed broad presidential immunity for acts committed in the White House. His appeal went to the Supreme Court, which ruled in July that he was immune from criminal prosecution for public acts as president. Lower courts should draw the lines between the president's personal and official acts to determine what can be prosecuted, the high court ruled.

Smith has now asked the judge overseeing the case, Tanya Chutkan, to determine which actions are protected from prosecution. In his filing, he writes that Trump's alleged misconduct generally involved only private acts that the Supreme Court has ruled are not subject to presidential immunity.

The district court should determine that the defendant should be tried for his private crimes, as any other citizen would, Smith said. Trump was acting in his capacity as a candidate for re-election, not as president.

Smith's latest motion comes a month before the 2024 general election. Trump faces Vice President Kamala Harris in a tight race in which the two remain virtually tied in the seven key states that will decide the election, according to the Financial Times poll. Harris has a 3.6 percentage point lead over Trump in national polls.

Lawyers representing Trump did not immediately respond to a request for comment.

In a post on his Truth Social platform, Trump called the issue a tough job for Democrats. This is serious PROCEDURAL MISCONDUCT and should not have been disclosed just before the election, he wrote.

The filing included a detailed description of the increasingly desperate plans deployed by Trump and his co-conspirators to overturn the results in seven states: Arizona, Georgia, Michigan, Nevada, New Mexico , Pennsylvania and Wisconsin.

As president, Trump played no official role in government processes related to vote collection and counting, Smith said.

The special prosecutor alleged that Trump's plans began well before the 2020 election. Three days before the November vote, a co-conspirator named in the filing told his supporters: And what Trump is going to do is is simply declaring victory… It doesn't mean he's the winner, he's just going to say he's the winner.

In December, one of Trump's lawyers sought to pressure the speaker of the Michigan House of Representatives, claiming that the Georgia legislature was close to changing the outcome of the state's election. Georgian officials not only have the right to do so, but also the obligation, the lawyer wrote in a message cited in the filing. Help me do this in Michigan.

In a call with Pennsylvania Republican lawmakers after the 2020 vote, Trump ordered the state's election to be reversed, according to the filing.

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Trump's lawyers said the U.S. government reworked the motion in an unsuccessful effort to hide the fact that there is no basis in federal criminal procedure or the Constitution for a filing that attempts to usurp control and the presentation of the accused's defense in a criminal case, according to legal documents.

Since leaving the White House, Trump has been charged in four separate criminal cases, but none will be fully resolved before the 2024 election. He was convicted in a hush money case in Manhattan, but the conviction was postponed until after the November elections.

Smith obtained a separate indictment accusing Trump of mishandling classified materials, but a Florida judge threw out the case. Georgia state prosecutors have also accused Trump of seeking to overturn the 2020 vote, but the proceedings have stalled due to accusations of misconduct against the prosecutor who brought the case.

Video: America Divided: Women Voting for Trump | FT films

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