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Snapshot 4:Thu, Oct 3, 2024 6:05:57 PM GMT last edited by MattKalman

Smith's Filing Challenges Trump's Immunity in Jan 6 Case

Smith's Filing Challenges Trump's Immunity in Jan 6 Case

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The Facts

  • US Special Counsel Jack Smith on Wednesday in a 165-page filing argued that former Pres. Donald Trump's alleged actions to overturn the 2020 election are not protected by presidential immunity.

  • The filing , which was unsealed by US District Judge Tanya Chutkan with redactions, details how Trump allegedly "resorted to crimes" to deny his loss to Democrat Joe Biden in the 2020 election. It also describes how then-VP Mike Pence attempted to dissuade Trump's actions.

  • Smith in August adjusted his case to comply with the US Supreme Court's ruling that presidents are immune from prosecution for actions taken in their official capacity. A federal grand jury then issued a new indictment. This filing argues Trump and Pence were "fundamentally" acting as private candidates, not president and vice president, during their discussions.


The Spin

This filing is crucial for holding Trump accountable for his actions on Jan. 6. It exposes the extent of Trump's pressure campaign on Pence and demonstrates that his conduct was outside the scope of presidential duties, making him subject to prosecution. It's frustrating that SCOTUS made sure this case wouldn't be aired for the American people before the 2024 election, but at least there's hope Trump will someday face the music.


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