In a newly unsealed court filing, federal prosecutors allege that former President Donald Trump “resorted to crimes” in an attempt to hold onto power after losing the 2020 US presidential election. The filing, submitted by special counsel Jack Smith’s team, argues that Trump is not entitled to immunity from prosecution despite a recent Supreme Court opinion offering broad immunity for official acts taken by former presidents.
The brief aims to convince US District Judge Tanya Chutkan that the crimes charged in the indictment are private, rather than official, acts. These include efforts to persuade then-Vice President Mike Pence to refuse to certify the electoral votes on January 6, 2021. The filing asserts that Trump’s actions were not part of his official duties as president, but rather a private scheme to disrupt the government’s function of collecting and counting votes.
The prosecutors claim that Trump, along with a team of private co-conspirators, engaged in criminal activities to undermine the election results after his loss to Democrat Joe Biden. They state that Trump “resorted to crimes to try to stay in office” following his defeat. The court filing sheds light on the ongoing legal battles surrounding Trump’s conduct in the aftermath of the 2020 election.
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