Trump's Immunity Defense Rejected in Special Counsel's Election Interference Case

A federal judge has unsealed a key filing from Special Counsel Jack Smith's updated election interference case against former President Donald Trump, arguing that Trump is not immune from prosecution for his alleged criminal scheme to overturn the 2020 election results.

A federal judge on Wednesday unsealed a key filing from special counsel Jack Smith's updated election interference case against former President Donald Trump, arguing that Trump is not immune from prosecution for his alleged criminal scheme to overturn the 2020 election results.

U.S. District Judge for the District of Columbia Tanya Chutkan unsealed Smith's 165-page filing, in which Smith argues that Trump is not immune from prosecution for his alleged criminal scheme to overturn the 2020 election results. Smith submitted the document after the U.S. Supreme Court earlier this year ruled that a president is immune from prosecution for official acts.

Trump's Immunity Defense Rejected in Special Counsel's Election Interference Case

"Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one," Smith wrote. "Working with a team of private co-conspirators, the defendant acted as a candidate when he pursued multiple criminal means to disrupt, through fraud and deceit, the government function by which votes are collected and counted — a function in which the defendant, as President, had no official role."

Smith's filing provides a detailed account of Trump's alleged efforts to overturn the election results, including his pressure on state officials to change the vote count, his efforts to appoint alternate electors, and his incitement of the January 6th Capitol riot.

Trump's Immunity Defense Rejected in Special Counsel's Election Interference Case

Trump's lawyers have argued that he is immune from prosecution for his actions as president, but Smith's filing argues that this immunity does not extend to criminal acts that were not part of his official duties.

The unsealing of Smith's filing is a significant development in the investigation into Trump's efforts to overturn the election results. It suggests that Smith is preparing to bring criminal charges against the former president, and that Trump could face serious legal jeopardy.

Trump's Immunity Defense Rejected in Special Counsel's Election Interference Case

The filing also sheds light on the nature of Trump's alleged scheme, which Smith argues was a "private" effort to undermine the election results. This characterization could make it more difficult for Trump to argue that his actions were protected by his official duties as president.

The unsealing of Smith's filing is likely to further increase the pressure on Trump and his allies. It is also likely to fuel speculation about whether Trump will be indicted in connection with the 2020 election.

Smith's filing is a major development in the investigation into Trump's efforts to overturn the election results. It suggests that Smith is preparing to bring criminal charges against the former president, and that Trump could face serious legal jeopardy.