Judge Tanya Chutkan on Wednesday released a redacted version of Special Counsel Jack Smith’s 165-page brief detailing evidence in the election interference case against former President Donald Trump. The brief, which focuses on presidential immunity, was filed on the public docket following Chutkan’s rejection of claims from Trump’s attorneys that the government’s actions were politically motivated.
Chutkan dismissed the defense’s argument that prosecutors were biased, stating there was “no support” for such accusations. She emphasized that Trump’s legal team continued to focus on political rhetoric instead of addressing the legal matters at hand, calling this approach “unbefitting of experienced defense counsel.”
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The Supreme Court ruled in July that former presidents are immune from prosecution for official acts taken in office, but Smith’s brief argues that this immunity does not apply to the charges in Trump’s indictment. Prosecutors claim that Trump’s efforts to disrupt the election process were personal and political, rather than official acts of the presidency.
“Though the defendant was the sitting President during these conspiracies, his scheme was a private one,” prosecutors wrote, arguing that Trump acted as a candidate when he worked with co-conspirators to use fraud and deceit to interfere with the election process.
The filing also outlines evidence Smith’s team plans to present at trial, including private conversations Trump allegedly had with advisors and former Vice President Mike Pence, and it provides an analysis of the legal principles surrounding presidential immunity. Prosecutors argue that Trump’s conversations with Pence about the certification of Electoral College votes were not protected by immunity because they did not pertain to any executive branch function.
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Trump’s campaign denounced the release of the brief as politically motivated, calling it “election interference” and an attempt by the Biden administration to undermine Trump’s candidacy. Campaign Communications Director Steven Cheung labeled the case a “partisan, unconstitutional witch hunt” and called for its dismissal.
Trump took to Truth Social to express his frustration, accusing the Democrats of weaponizing the Justice Department to “prop up their failing candidate, Kamala Harris,” and criticizing the timing of the brief’s release ahead of the election.
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