Federal Judge Unseals Special Counsel’s Immunity Filing in Trump Election Case

Washington Judge Tanya Chutkan unsealed on Oct. 2 an extensive filing special counsel Jack Smith submitted to dispute the idea that former President Donald Trump is immune from prosecution for his response to the 2020 presidential election.

The filing is one of the first steps for the court in determining what remains of the superseding indictment Smith filed after the Supreme Court’s decision in Trump v. United States, which held that presidents enjoy some criminal immunity.

“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.”

Trump has repeatedly denied all wrongdoing.

Smith had removed portions of the original indictment related to Trump’s interactions with the Justice Department. Trump’s attorney John Lauro had suggested during a status conference on Sept. 5 that Chutkan could throw out the superseding indictment for not adhering to the Supreme Court’s ruling.

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Smith’s motion purports to offer a “comprehensive account of the defendant’s criminal conduct” and requests the court “determine that the defendant must stand trial for his private crimes as would any other citizen.” It added that under D.C. circuit precedent, Trump didn’t enjoy immunity in his capacity as someone seeking office.

The filing comes roughly a month before the 2024 presidential election and offers details about communications between Trump, former Vice President Mike Pence, and his campaign staff.

Allegations of Fraud

Smith’s filing alleges repeated lies by President Trump, including fabricating information about non-citizens voting.

“At trial, the Government will introduce several instances of this pattern, in which the defendant and conspirators’ lies were proved by the fact that they made up figures from whole cloth,” Smith’s brief read.

This is a breaking news story and will be updated.