In a dramatic escalation of the legal battles surrounding former President Donald Trump, Judge Tanya Chutkan on Wednesday unsealed Special Counsel Jack Smith’s 165-page motion, which directly challenges Trump’s claims of presidential immunity. This unsealing comes at a critical time, just ahead of the 2024 presidential election, and has drawn sharp reactions from Trump’s legal team and supporters, many of whom argue that this move is designed to inflict maximum political damage.
The document in question is a sprawling 165-page motion in which Jack Smith argues against Trump’s assertion of immunity. The crux of Trump’s defense is that his actions on January 6, 2021, fall under the protections afforded to sitting presidents. However, Smith takes a hard stance in his motion, claiming that Trump’s efforts to challenge the 2020 election results were not part of his official duties as president but rather personal in nature.
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“The defendant asserts that he is immune from prosecution for his criminal scheme to overturn the 2020 presidential election because, he claims, it entailed official conduct. Not so. Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one. 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,” Jack Smith wrote in the motion, which was reviewed by The Gateway Pundit.
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