Unsealed Filing Challenges Trump's Immunity in Jan. 6 Case

Above: Special counsel Jack Smith during a news conference in Washington, DC on Aug. 1, 2023. Image copyright: Bloomberg/Contributor/Bloomberg via Getty Images

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 Joe Biden in the 2020 election. It also describes how then-Vice President Mike Pence attempted to dissuade Trump's actions.


The Spin

Democratic narrative

This filing exposes the extent of Trump's pressure campaign on Pence and demonstrates that his conduct was outside the scope of presidential duties. 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 be held accountable.

Republican narrative

One need only look at Smith's contradictions between his previous filing and the current one to see how this is just lawfare and election interference with no substance. But it's no surprise because this and other cases against Trump have always been politically motivated and never based on any sort of rule of law.


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