Prosecutors argue that Donald Trump engaged in criminal activity while attempting to overturn his 2020 election loss and should not escape prosecution. In a recent court filing, they counter Trump’s claim that he should avoid a trial due to a Supreme Court ruling, which granted U.S. presidents immunity from prosecution for actions taken in their “official” capacity. The filing asserts that Trump’s actions were in a “private” capacity, not an official one, despite being president at the time.
Trump, in response, has repeated false claims that the 2020 election was “rigged” and has suggested the timing of the court filing was meant to damage his 2024 presidential campaign. He also criticized Special Counsel Jack Smith, the lead prosecutor in the election interference case, during a NewsNation interview.
This case is one of four criminal charges Trump has faced since losing the presidency in 2020. Another case resulted in a historic conviction in New York. In the current case, Trump is accused of trying to illegally block the certification of President Joe Biden’s victory in the 2020 election. Trump denies any wrongdoing.
The newly released 165-page document offers a clearer picture of how Jack Smith’s team intends to proceed. It refines the charges following the Supreme Court’s ruling, narrowing the scope of the case to avoid falling under presidential immunity. The document also provides specific details of Trump’s alleged actions, including his conduct during the January 6, 2021, riot at the U.S. Capitol, and Vice President Mike Pence’s efforts to dissuade him from pursuing his claims.
Nearly four years after the 2020 election, these issues continue to resonate in U.S. politics, especially as Trump prepares to run again in the 2024 election, with Kamala Harris as his main opponent. The case was also a topic of discussion in a recent vice-presidential debate, where JD Vance, Trump’s running mate, avoided answering whether Trump lost the 2020 election.
The Supreme Court recently ruled that Trump, like any president, has immunity from prosecution for official acts taken while in office. However, prosecutors argue that Trump’s attempts to overturn the election were not official acts but rather personal efforts tied to his campaign and life as a private citizen. They describe his actions as a “private criminal effort” to hold onto power.
The court filing asserts that because Trump’s actions were private, not official, he should face trial like any other citizen. Prosecutors detail several instances where Pence questioned Trump’s baseless claims of voter fraud and tried to persuade him to accept his loss. On January 6, when rioters stormed the Capitol, Trump allegedly showed indifference to the fact that Pence had been evacuated to a secure location, reportedly saying, “So what?” when informed of the situation.
Pence would later publicly break with Trump after the events of January 6, when some rioters chanted “hang Mike Pence” due to his refusal to block the certification of the election results. This filing adds to the growing body of evidence that Trump planned to declare victory in the 2020 election regardless of the outcome and knowingly spread false claims of voter fraud. Prosecutors assert that Trump deemed some of the claims “crazy,” but continued to promote them.
The filing also sheds light on how the Trump campaign allegedly sowed chaos in key battleground states during the vote count, particularly where mail-in ballots, largely cast due to the COVID-19 pandemic, were being counted. In Democratic-leaning Detroit, Michigan, for example, when a large batch of ballots favored Biden, a Trump campaign operative allegedly told a colleague to “find a reason” to question the ballots, in order to create grounds for legal challenges.
In addition, the filing accuses Trump and his allies, including lawyer Rudy Giuliani, of trying to exploit the violence and chaos of the Capitol riot to delay the election certification. They allegedly attempted to do this by calling senators and leaving voicemails urging them to object to the certification of state electors.
Despite these allegations, Trump has expressed confidence that the case will ultimately result in his “complete victory.” A trial date has not been set, but the case has faced numerous delays since the Department of Justice (DoJ) filed charges over a year ago. Trump’s legal team has fought to keep the recent court filing sealed, and his campaign spokesperson, Steven Cheung, has called it “falsehood-ridden” and “unconstitutional.”
The court filing also suggests that Special Counsel Smith is working to navigate the summer Supreme Court ruling, which weakened the prosecution’s case by limiting the scope of Trump’s potential liability. The ruling did not grant immunity for unofficial acts, and prosecutors are focusing their argument on the assertion that Trump’s efforts to overturn the election were personal actions rather than official ones.
Ultimately, the court filing represents Smith’s effort to argue that Trump should be held accountable for his private actions in attempting to reverse the election outcome. If convicted, Trump could face serious legal consequences, although the trial is not expected to take place before the 2024 election. If Trump wins the election, he could potentially attempt to have the case dismissed altogether. However, for now, the court must decide whether Trump, like any other citizen, should stand trial for his alleged crimes.
