Khushi Bhuta, Pune
Prosecutors claim that Donald Trump engaged in illegal activities in an attempt to reverse his 2020 election loss, according to a new court filing. Special Counsel Jack Smith, overseeing the election interference case, submitted the document, which was made public on Wednesday.
The filing disputes Trump’s assertion that he is shielded by a recent Supreme Court decision granting significant immunity for actions taken while serving as president. In the filing released Wednesday, prosecutors assert that Trump was not consistently acting in his official role but instead participated in a “private criminal effort” to reverse the 2020 election outcome. The document aims to push the criminal case forward against Trump after the Supreme Court’s July decision.
As per the July decision, The U.S. Supreme Court has ruled that Donald Trump and other former presidents have partial immunity from criminal prosecution, marking a significant legal win for the Republican presidential candidate. The 6-3 decision did not fully dismiss the indictment accusing Trump of attempting to overturn the 2020 election, but it did remove critical aspects of the case against him.
According to the document filed in federal court in Washington, DC, on Wednesday, Trump knowingly misled voters, election officials, and his vice president, Mike Pence, as part of a criminal attempt to remain in power, which ultimately led to his inability to prevent a violent mob from trying to achieve that goal.
The filing stated that “When the defendant lost the 2020 presidential election, he resorted to crimes to try to stay in office”. It also further added “With private co-conspirators, the defendant launched a series of increasingly desperate plans to overturn the legitimate election results in seven states that he had lost.”
The new superseding indictment maintains the same four key criminal charges against Trump, as Special Counsel Smith addresses a Supreme Court ruling granting a president “absolute” immunity from prosecution for actions tied to official duties, and “presumptive” immunity for actions within the “outer perimeter” of those duties. Smith highlights in the latest filing that the co-conspirators were acting in their “private” capacities, not as public officials. Trump, according to Smith, was acting as a candidate, not a sitting officeholder, when he committed the alleged crimes central to the case.