Jack Smith Lays Out Case Against Trump: What Comes Next? \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ Special counsel Jack Smith has outlined the evidence prosecutors will use to prove that former President Donald Trump orchestrated an illegal scheme to overturn his 2020 election defeat. The newly unsealed filing details Trump’s efforts to cling to power despite being urged to concede by those close to him. The case hinges on differentiating between Trump’s actions as president and his conduct as a private candidate, with prosecutors arguing that he must be held accountable for “private crimes.”
Trump Faces Allegations Over Election Interference: Quick Looks
- Trump’s ‘Private Crimes’: Prosecutors argue Trump acted as a private candidate, not a president, in attempting to overturn the election.
- Legal Challenges Ahead: Trump’s lawyers continue to fight the charges, pushing for dismissal based on presidential immunity.
- Political Stakes: The filing intensifies the political landscape just one month ahead of the presidential election.
Deep Look
In a newly unsealed filing, special counsel Jack Smith has provided a detailed road map for how prosecutors intend to prove their case against former President Donald Trump, who is charged with orchestrating an illegal plan to overturn his loss in the 2020 presidential election. The document, released on Wednesday, presents new evidence of Trump’s increasingly desperate efforts to cling to power, even as those closest to him tried to convince him he had lost.
The filing comes at a critical time, just over a month before a presidential election that could determine the future of the case against Trump, who has repeatedly called the prosecution politically motivated. During an interview with NewsNation, Trump, the Republican presidential nominee, described the filing as “pure election interference” and accused the government of “weaponization.”
Trump Committed ‘Private Crimes,’ Prosecutors Say
The central purpose of this filing is to persuade U.S. District Judge Tanya Chutkan in Washington to let the case proceed to trial, despite a recent Supreme Court ruling that granted former presidents broad immunity from prosecution. While the Supreme Court declared that former presidents generally have presumptive immunity for acts undertaken in their official capacity, it also stated that they are not shielded from prosecution for private actions.
Smith’s team is attempting to demonstrate that Trump’s actions, in this instance, fall outside the scope of presidential immunity. They argue that Trump was acting as a private candidate rather than in his capacity as president when he sought to overturn the election results. Prosecutors assert that Trump “must stand trial for his private crimes as would any other citizen.”
“Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one,” the prosecutors wrote. “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.”
How Did We Get Here? The Case’s Long and Winding Road
Originally, the case against Trump was slated to go to trial in March in Washington’s federal court. However, in December of last year, proceedings were put on hold to allow Trump time to appeal his sweeping claims of presidential immunity. Trump had asked the Supreme Court to dismiss the case entirely, arguing that “the Presidency itself cannot retain its vital independence if the President faces criminal prosecution for official acts once he leaves office.”
While the Supreme Court did not dismiss the case outright, it effectively limited the scope of the indictment by removing allegations related to Trump’s interactions with the Department of Justice. It then referred the case back to Judge Chutkan to determine which of the remaining allegations pertain to official actions for which Trump may be immune and which allegations may proceed to trial.
In response to the ruling, Jack Smith’s team filed a new indictment in August, retaining the same criminal charges but narrowing the allegations in line with the Supreme Court’s instructions. This revised indictment is aimed at adhering to the conditions laid out by the high court while still holding Trump accountable for actions allegedly taken in his private capacity.
So What Happens Now?
Trump’s lawyers have already objected to the recent filing, accusing prosecutors of attempting to publicize their “politically motivated manifesto” to damage Trump’s campaign as the election draws closer. The defense now has a chance to respond to the arguments presented by Smith’s team, with Trump’s response initially due later this month. However, his legal team filed a request for a five-week extension, pushing their response deadline to November 21.
Trump’s defense attorneys argue that many of the allegations against him—including private conversations with then-Vice President Mike Pence and his pressure on state officials regarding election administration—are central to his duties as commander in chief. Trump’s attorney, John Lauro, contended during a recent hearing that the Supreme Court’s opinion necessitates a complete dismissal of the case, a stance that Judge Chutkan has indicated she does not support.
Even if Judge Chutkan sides with the prosecution, the case is unlikely to go to trial soon. Her rulings will almost certainly be appealed, potentially all the way to the Supreme Court. Additionally, if Trump were to defeat Vice President Kamala Harris in the upcoming election, he could appoint an attorney general who might seek to dismiss this case as well as other federal prosecutions he faces. Moreover, Trump could potentially issue a self-pardon, further complicating the legal landscape.
New Material for Democrats, But the Political Impact Is Uncertain
The release of these court papers provides Democrats with new material to use in their campaign efforts against Trump, serving as a stark reminder of the allegations against him just a month before Election Day. Voting has already started in some states, and the filing could shape voter perceptions in the final stretch of the campaign.
Trump, however, has not missed the opportunity to capitalize on the situation for his own benefit. He has portrayed the filing as yet another attempt by his opponents to undermine his campaign—a narrative that has consistently energized his base and bolstered his fundraising efforts.
Still, it remains uncertain how much impact this filing will have on voters. For many, the details of Trump’s efforts to challenge the 2020 election are well-known, and he has already faced multiple indictments without significant shifts in his core support. Recent polls suggest that concerns about the economy and inflation remain more pressing issues for voters than protecting democracy.
A CNN poll conducted recently found that four out of ten likely voters named the economy as their most critical issue when deciding how to vote, compared to about two in ten who cited the importance of safeguarding democracy. The data also indicates that concerns about defending democratic institutions resonate more with Democratic voters and those already planning to back Vice President Harris. Among Republicans and Trump supporters, the economy takes precedence, with around six in ten identifying it as their top issue, followed by immigration. Only 5% of Trump supporters listed protecting democracy as their primary concern.
Looking Ahead
As the legal battles continue, Trump’s defense is preparing for what is likely to be a prolonged fight, both in the courtroom and in the court of public opinion. The next steps in the legal process could play a pivotal role in shaping the election narrative, even if they do not directly affect Trump’s supporters. Whether this new filing ultimately moves the needle remains to be seen, but one thing is clear: the road ahead is likely to be as turbulent as the journey so far.
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