Former President Donald Trump’s actions to overturn his 2020 election loss were not those of a sitting president, but of a private candidate for office, according to special counsel Jack Smith’s team. In a new filing, Smith’s team argued that Trump spread lies about the election knowing they were false, as part of a scheme to stay in power. Trump was reportedly scrolling Twitter while Capitol officers were being assaulted on Jan. 6.
The filing is a response to a Supreme Court ruling that Trump had immunity for some actions taken as president, but prosecutors could still pursue charges related to his private conduct. Smith’s team stated that Trump engaged in a series of desperate efforts to overturn election results in seven states he had lost.
They argued that Trump’s actions were part of a scheme carried out by private co-conspirators, including his campaign manager and advisor, to disrupt the government function of collecting and counting votes through fraud and deceit. Trump allegedly declared victory before all ballots were counted and laid the groundwork for claims of fraud.
Trump’s campaign spokesperson dismissed the filing as “falsehood-ridden” and part of a Democratic effort to cling to power. The spokesperson called the case a partisan witch hunt that should be dismissed. The filing comes amid ongoing legal battles related to Trump’s efforts to overturn the election results.
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