Trump Immunity Under Threat

Special Poll

Special counsel Jack Smith has outlined his case for prosecuting former President Trump following the Supreme Court’s decision on presidential immunity.

Smith’s argument focuses on Trump’s efforts to interfere with the transfer of power after losing the 2020 election, describing these actions as a “private criminal effort,” separate from his official duties as president.

A detailed 165-page document, unsealed recently, provides further evidence, revealing Trump’s attempts to sway election officials in several key swing states to overturn the election results in his favor.

The Supreme Court ruled that former presidents have immunity for their official constitutional duties. However, it sent the case back to the U.S. District Judge Tanya Chutkan to decide if Trump’s other actions are protected from prosecution.

According to Smith, Trump’s pressure campaign on the Department of Justice is immune, but his broader efforts to alter election results are not. The filing emphasizes that Trump’s actions were carried out in his capacity as a candidate and were not part of his official responsibilities as president.

The document sheds light on new evidence, particularly Trump’s attempts to involve state leaders from swing states he lost, aiming to change the legitimate election outcome. Prosecutors note that Trump was repeatedly informed by close advisers that his claims of election fraud were false, yet he continued to push these claims.

By November 7, 2020, Trump’s advisers informed him that his legal challenges would likely fail, and later, Trump elevated Rudy Giuliani to lead his legal efforts, sidelining his campaign staff. Giuliani was willing to continue making unsubstantiated claims of victory on Trump’s behalf.

Prosecutors stressed the false nature of the fraud allegations, noting that Trump’s team frequently changed their figures in court and made baseless claims without evidence.