Donald Trump Says Voter Tampering Scheme Was 'Official Act'

A lawyer for Donald Trump said alleged election fraud is an “official act” and should therefore be immune from prosecution in the case of Trump's interference in federal elections.

Speaking to CNN's Kaitlan Collins Monday night, Will Scharf, the former president's attorney, outlined the next steps in special counsel Jack Smith's case following the U.S. Supreme Court's ruling that former presidents enjoy absolute immunity for their official acts but no immunity for their private acts.

In a federal indictment filed in August, Trump faces four counts related to his alleged attempt to overturn the results of the 2020 election. He has denied any wrongdoing.

Trump's team allegedly created and submitted fake certificates to falsely claim that Trump had won the Electoral College vote in certain states in order to disrupt President Joe Biden's victory.

Republican presidential candidate former President Donald Trump speaks at a campaign rally in Chesapeake, Virginia, Friday, June 28, 2024. The Supreme Court has ruled that former presidents are immune from liability for official acts committed while in office. Republican presidential candidate former President Donald Trump speaks at a campaign rally in Chesapeake, Virginia, Friday, June 28, 2024. The Supreme Court has ruled that former presidents are immune from liability for official acts committed while in office. More photos AP/Steve Helber

Addressing Collins, Scharf said that “the Smith case should be dismissed” because it involves official, not private, acts.

“We have always recognized that there are acts alleged in the indictment that would constitute private conduct, but we believe that if the official conduct, the acts of immunity in the indictment are removed, Jack Smith has no case, this case should be dismissed on that basis,” he said.

When Collins asked whether the use of “fake voter lists” would be sufficient grounds for a lawsuit, Scharf denied that the Trump team used fake lists and said the use of “alternative lists” was an “official act.”

He said: “We would argue that there should be rotating slates, and as we argued before the Supreme Court, rotating slates has been a method used by previous presidents.”

He continued: “We believe that the gathering of these alternative electoral lists was an official act of the presidency.”

Newsweek has contacted the Justice Department through its website for comment on this article.

After its decision Monday, the Supreme Court sent the Justice Department's case back to a lower court in Washington, D.C., to determine what constitutes an official act.

That risks delaying the case, meaning it is less likely to go to trial before the November election. Legal experts have suggested that Trump could drop charges in the case if he wins the election.

Meanwhile, Trump celebrated the decision in a post on Truth Social, writing: “A GREAT VICTORY FOR OUR CONSTITUTION AND OUR DEMOCRACY. PROUD TO BE AN AMERICAN!”

Biden's campaign, for its part, said the decision would not “change the facts” that Trump attempted to “overturn the results of a free and fair election.”

“Today’s decision does not change the facts, so let’s be very clear about what happened on January 6: Donald Trump snapped after losing the 2020 election and encouraged a mob to overturn the results of a free and fair election,” the campaign said in a statement.

“Trump is already running for president as a convicted felon for the same reason he stood by as the mob violently attacked the Capitol: He believes he is above the law and will do anything to gain and maintain power.”

Uncommon knowledge

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