Donald Trump has been accused by the prosecutor appointed to lead federal cases against him of engaging in a “private criminal effort” to overthrow the 2020 general election. Jack Smith, the special counsel overseeing the US Department of Justice’s cases against Trump, made this allegation in a court document that was unsealed on Wednesday. The filing, which contained redactions, is an attempt by Smith to advance a case that has faced significant delays since Trump was first charged over a year ago for allegedly attempting to block the certification of President Joe Biden’s win.
In response to the federal indictment, Trump claimed presidential immunity for acts taken while he was in office. This claim reached the Supreme Court, which ruled in July that he was shielded from criminal prosecution for public acts as president. However, lower courts must determine what actions are protected from prosecution and draw boundaries between personal and official acts.
Smith has asked Judge Tanya Chutkan to determine what can proceed with regards to prosecuting Trump. In his filing, Smith argued that Trump’s alleged misconduct primarily involved private acts and therefore should not be subject to presidential immunity.
The latest motion from Smith comes just one month before the 2024 general election where Trump is facing off against Vice President Kamala Harris. According to polls conducted by Financial Times poll tracker, both candidates remain tied in all seven swing states that will decide the election.
Trump’s lawyers have not yet responded to requests for comment on these allegations made by Smith. However, on his Truth Social platform, Trump referred to this filing as a “hit job” orchestrated by Democrats.
The court document also detailed various plans deployed by Trump and his co-conspirators in an attempt to overturn results in seven states: Arizona, Georgia, Michigan, Nevada, New Mexico Pennsylvania and Wisconsin. It stated that as president at the time of these events occurred; he had no official role related collecting or counting votes.
Since leaving office, Donald Trump has been charged with four separate criminal cases; however none are expected be resolved before the 2024 election takes place.
