Federal Judge Unseals Special Counsel Filing on Trump's Election Interference Case

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ICARO Media Group
Politics
03/10/2024 18h16

### Key Filing Unsealed in Trump's Election Interference Case

A significant development emerged in the legal battle over alleged efforts to overturn the 2020 election results when a federal judge unsealed an important document on Wednesday. The document, a 165-page filing from special counsel Jack Smith, pertains to his ongoing election interference case against former President Donald Trump. The unsealed filing by U.S. District Judge Tanya Chutkan aims to clarify why Trump should not be immune from prosecution despite the Supreme Court's ruling earlier this year that he is immune from prosecution for certain official acts.

Special counsel Jack Smith contends that the actions Trump took to reverse the 2020 election results were fundamentally private. Smith argues that Trump, working closely with private co-conspirators, resorted to criminal means such as fraud and deceit to interfere with the constitutional process of vote counting, a function in which Trump had no official role as President.

The Supreme Court ruling in Trump v. United States stated that Trump could not be prosecuted for his alleged use of the Department of Justice to investigate unfounded claims of voter fraud. In response, Smith revised the indictment to align with the Supreme Court's decision. Smith maintains in the unsealed document that Trump must stand trial for his alleged private crimes, asserting that Trump is not protected by presidential immunity for these actions.

Smith detailed a "factual proffer" outlining how Trump, alongside private co-conspirators, allegedly tried increasingly desperate measures to overturn the legitimate election results in seven states—Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin. Smith's filing claims these efforts ranged from lying to state officials to manufacturing fraudulent electoral votes and enlisting Vice President Pence to obstruct Congress's certification of the election results.

Trump's disregard for the fraud claims' veracity is highlighted in Smith's filing. It includes claims that Trump was repeatedly informed by his own legal team and senior campaign advisers that his allegations of widespread voter fraud were unfounded. Despite this, Trump continued to propagate these falsehoods, leading to the failed legal attempts to challenge the election outcome.

Key interactions between Trump and former Vice President Mike Pence in the days following the election are also examined. Smith describes multiple instances where Pence allegedly tried to encourage Trump to accept the election result and consider running again in 2024. These efforts, however, were met with resistance from Trump.

In one alarming account, Smith alleges that Trump showed little concern for Pence's safety during the January 6, 2021, Capitol riot. According to the filing, an aide informed Trump that Pence had been taken to a secure location, to which Trump reportedly responded, “So what?”

The unsealed document claims that Trump's conduct was marked by a willingness to ignore the truth for the sake of overturning the election. According to Smith, Trump and his legal team frequently altered their baseless fraud claims and concocted new falsehoods without evidence. Smith asserts that Trump's final attempt to overturn the election was to incite a large crowd of supporters on January 6, a crowd he knew was angry and misinformed due to his repeated lies.

Smith concludes that, based on a "factbound analysis," Trump was not acting in his official capacity when he challenged the election results and is therefore not immune from prosecution. The special counsel stresses that Trump's actions were those of a private individual, leveraging his campaign infrastructure and private actors to pursue his aims.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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