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Judge Unseals Evidence in Trump’s Alleged Election Interference Case

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Jack Smith October 2023 Statement

WASHINGTON — U.S. District Judge Tanya Chutkan has unsealed a significant motion from Special Counsel Jack Smith, detailing the alleged actions of former President Donald Trump in his efforts to overturn the 2020 presidential election results. The document, partially redacted, portrays Trump’s interactions with key individuals in several states, including Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin, as part of a larger scheme to disrupt the election’s outcome.

The motion was initially submitted to Judge Chutkan last month and is pivotal in resolving the question of Trump’s claim to criminal immunity in connection with charges of fraud and obstruction. The U.S. Supreme Court had previously ruled that while former presidents have immunity for core constitutional acts, they do not for actions taken in a personal capacity. This decision has significant implications for the case against the former president, who is currently running as a Republican candidate for the 2024 election.

In his unsealed 165-page filing, Smith alleges that Trump, with the help of private lawyers and political allies, attempted to present false slates of electors to Congress. “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,” Smith asserts.

Trump, in response, has criticized the court filing on his social media platform, Truth Social, labeling it a politically motivated act by the Democrats. Trump stated, “Democrats are Weaponizing the Justice Department against me because they know I am WINNING,” and dismissed the action as “egregious PROSECUTORIAL MISCONDUCT.”

The motion outlines various interactions Trump allegedly had with state officials and political allies. In Arizona, Trump’s communications with officials are said to have been conducted in his capacity as a candidate. In Georgia, Smith plans to introduce evidence of personal communications between Trump and the state’s attorney general. Similar allegations are made concerning Trump’s engagements with officials in Michigan, Nevada, and Wisconsin.

Smith’s document claims that Trump and his team, failing to alter official state election results, devised a plan involving fake slates of electors. The filing describes a strategy to convince Vice President Mike Pence to overturn the certification of the Electoral College results on January 6, 2021. Smith argues that Trump’s pressures on Pence were entirely outside the bounds of official presidential duties.

The legal battle over the release of the court filing underscores its potential impact on the forthcoming presidential election, where Trump seeks re-election. Judge Chutkan decided to make the filing public to ensure transparency and public understanding of the court’s future decision regarding Trump’s claim to immunity.

Rachel Adams

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