In a pivotal court filing made by Special Counsel Jack Smith, prosecutors allege that former President Donald Trump engaged in criminal activities to overturn his defeat in the 2020 election. The filing, made public on Wednesday, argues that Trump is not immune from prosecution and refutes his claims of protection under a recent Supreme Court ruling that provides immunity for official acts while in office.
Prosecutors contend that Trump acted beyond his official capacity and participated in a “private criminal effort” to challenge the election results. The 165-page document highlights instances where Trump’s actions, including his attempts to disrupt the certification of President Joe Biden’s victory, were tied to his role as a candidate rather than his presidency.
The filing sheds new light on events surrounding the January 6, 2021, Capitol riot, where prosecutors claim Trump and his allies sought to exploit the chaos to delay certification. The document also provides new evidence alleging Trump had always intended to declare victory, regardless of the outcome, and spread false claims about the election, which he privately dismissed as “crazy.”
Trump’s legal team fought to keep the filing sealed, with his campaign spokesperson labeling it as “unconstitutional.” Meanwhile, Trump, on his social media platform, condemned the release of the filing, calling it a “hit job” ahead of the upcoming election, where he is expected to face off against Democratic rival Kamala Harris.
The filing is seen as a significant step in advancing the case, which has been repeatedly delayed. No trial date has been set, but prosecutors are urging the court to move forward, asserting that Trump should stand trial for his alleged private crimes.