A federal judge in Washington, DC, has released a 165-page document outlining special counsel Jack Smith's description of former President Donald Trump's 'private criminal conduct' in the 2020 election conspiracy case. This document is considered the most comprehensive narrative to date in the case.
Smith argues that Trump's actions to overturn the election were taken in his private capacity as a candidate, rather than in his official capacity as president. This distinction is based on a Supreme Court decision that granted Trump immunity for official actions but left room for prosecution regarding unofficial steps.
The filing includes testimonies from prominent witnesses before a federal grand jury and the FBI, as well as previously undisclosed evidence gathered by investigators about Trump's actions leading up to and on January 6, 2021.
Prosecutors allege that Trump was advised by his team that the election results might not be finalized on Election Day and that he could falsely claim victory early on, knowing he might fall behind once all votes were counted. One adviser described Trump's plan as declaring victory without being the actual winner, taking advantage of the Democratic lean in mail-in ballots.
This release marks a significant development in Smith's ongoing efforts to prosecute Trump for his alleged role in attempting to overturn the 2020 election results. The case has faced delays as Trump seeks to postpone the prosecution until after the upcoming election, where he is running for a second term against Vice President Kamala Harris.
