WASHINGTON ― In a 165-page court filing unsealed Wednesday, federal prosecutors laid out their evidence against Donald Trump on four felony charges for his conduct leading up to and during his Jan. 6, 2021, coup attempt.
“This motion provides a comprehensive account of the defendant’s private criminal conduct; sets forth the legal framework created by Trump for resolving immunity claims; applies that framework to establish that none of the defendant’s charged conduct is immunized because it either was unofficial or any presumptive immunity is rebutted; and requests the relief the government seeks, which is, at bottom, this: that the court determine that the defendant must stand trial for his private crimes as would any other citizen,” special counsel Jack Smith wrote.
The question of immunity became key thanks to a July Supreme Court ruling stating that all official acts done by a president are immune from prosecution, but left it to the trial court to determine whether Trump’s attempt to remain in power were “official.”
“The answer to that question is no,” Smith argued.
The filing was unsealed by the judge in the case, and can be read here.
Trump’s lawyers had argued that everything their client did leading up to Jan. 6 was covered by the Supreme Court ruling, and requested that U.S. District Judge Tanya Chutkan not allow the public to see any of the evidence Smith has collected against Trump.
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Chutkan rejected that and, in a order also filed Wednesday, ruled that Smith would be permitted to file a version of his brief with some names and details redacted. Wednesday’s brief by Smith is riddled with blacked-out words and phrases in the section providing the narrative of the indictment.
This is a developing story. Check back for updates.
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