District Judge Tanya Chutkan unsealed on Wednesday a 165-page filing from Biden-Harris administration special counsel Jack Smith regarding upcoming presidential immunity proceedings in the January 6 case against Trump. Smith argued that Trump did not have presidential immunity for the crimes the DOJ alleges Trump committed, as “his scheme was fundamentally a private one.”
On July 1, the Supreme Court issued its ruling on presidential immunity, an issue raised by Trump’s team in the January 6 case. The case had been on hold pending the ruling. The high court ruled that a president has immunity for official acts, but not for unofficial ones, and handed the case back to the lower court to determine what is official and unofficial about the actions in the case.
“The defendant asserts that he is immune from prosecution for his criminal scheme to overturn the 2020 presidential election because, he claims, it entailed official conduct. Not so,” the filing states.
“Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one. Working with a team of private co-conspirators, the defendant acted as a candidate when he pursued multiple criminal means to disrupt, through fraud and deceit, the government function by which votes are collected and counted—a function in which the defendant, as President, had no official role.” […]
— Read More: thepostmillennial.com
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