New evidence was revealed on Wednesday October 2 in the electoral case against Donald Trump and the attack on the US Capitol on January 6. The special prosecutor investigating the case against the former president for attempts to illegally overturn the results of the 2020 election says the Republican was acting as a candidate and therefore cannot benefit from presidential immunity.
In a voluminous written argument of 165 pages, largely redacted to preserve the anonymity of witnesses, presented last week to Judge Tanya Chutkan, prosecutor Jack Smith intends to demonstrate the private nature of the acts for which the former Republican president is being prosecuted. . According to him, these acts are therefore not covered by the broad criminal immunity granted to the President of the United States by the Supreme Court in an unprecedented decision on July 1. This could be the final inflection point in this affair between now and the presidential election on November 5, underlines the site Politico.
This document includes previously undisclosed elements of the dossier, such as testimony from a senior White House official at the time, reporting a surprise conversation between Donald Trump, his wife, his daughter and his son-in-law aboard the presidential helicopter. “It doesn’t matter whether you won or lost the election, you have to fight like a dog,” Donald Trump allegedly told them, according to this testimony that the prosecution plans to present at a future trial. According to CNNthat filing will likely make up most of the case against Trump that the public will see before the 2024 presidential election, and could include what prosecutors know about the former president’s interactions with then-vice president , Mike Pence, and other moments from late 2020 and early 2021.
A plot of a “private nature”
Following his defeat in the 2020 presidential election by Democratic candidate Joe Biden, “with the aid of private accomplices, the defendant embarked on a series of increasingly desperate plans to reverse the legitimate results in seven states that he had narrowly lost, writes Jack Smith. These attempts culminated in the assault on the Capitol, the sanctuary of American democracy, by hundreds of white-hot supporters of Donald Trump, he recalls. “The heart of the scheme was private in nature. He extensively used private actors and his campaign structures to try to reverse the results of the election and acted in a private capacity as a candidate,” concludes the prosecutor special.
The former president and current Republican candidate reacted to this publication in a series of outraged messages on his Truth Social network, denouncing a document “riddled with falsehoods” and accusing the outgoing Democratic administration of “electoral interference”.
By a majority of six votes to three – conservative judges against progressives – the Supreme Court held that the president enjoyed “no immunity for his unofficial acts” but was “entitled at least to a presumption of immunity for his official acts. So far, the special prosecutor’s office has been unable to bring Trump to justice since his indictment, due to appeals including a major Supreme Court ruling, nor has it been able to complete its work in a manner to allow the Ministry of Justice to publish a final report. The brief, due Thursday — and expected to exceed 200 pages, including exhibits, and aimed at convincing the courts that Trump should be prosecuted for alleged obstruction and conspiratorial criminal activity — is a rare opportunity for evidence is presented to the court before a trial.
Targeted by several criminal proceedings, Donald Trump is doing everything possible to go to trial as late as possible, at least after the vote on November 5. If he were elected again, once inaugurated in January 2025, he could order a halt to federal proceedings against him.