The full report of fiscal special in charge of investigation donald trump (2017-2021) on the case of the assault on the Capitol was released this Wednesday by Justice and provides extensive evidence of the conduct “criminal” which, it concludes, the former US president incurred to try to reverse the results of the 2020 elections.
According to the criteria of
“Working with a team of private conspirators, the defendant acted as a candidate when he used multiple criminal means to disrupt, through fraud and deception, the government function by which votes are collected and counted, a function in which the defendant, as president, had no role. official paper“, maintains his motion.
The judge who is leading this process in Washington DC, Tanya Chutkanhad authorized the Prosecutor’s Office on September 5 to release new evidence and its order opened the door for this to be public before the presidential elections on November 5, in which Trump is a candidate.
The document, signed by Smith, has 165 pages and tries to dismantle the argument that Trump enjoyed presidential immunity and, on the contrary, he claims that he acted in a private capacity.
Although he was the sitting president during the reported conspiracies, his plan was fundamentally private
“Although he was the sitting president during the reported conspiracies, his plan was fundamentally private,” says the text, according to which none of Trump’s actions at that time were immune from eventual prosecution either because they were unofficial or because they are contested. any alleged immunity.
When Trump lost to the Democrat Joe Biden in 2020, according to the prosecutor“resorted to crimes to try to stay in office.”
“With private accomplices, he launched a series of increasingly desperate plans to overturn the legitimate election results in seven states he had lost: Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania and Wisconsin.” Those efforts, Smith added, were aimed at “deception.”
The prosecutor concludes without a doubt that his scheme to remain in the White House was “a private criminal effort”.
Whether he acted as a candidate or as president at that time is a key issue in this case: on July 1 the Supreme Court granted him partial immunity by establishing that “a former president has the right to absolute immunity from criminal proceedings for actions within his constitutional authority”, but not for those acts “unofficial”.
Part of the allegations are crossed out because they are covered by the secrecy, but they show Trump as responsible for the attack on the Capitol, saying that he lied to excite a “large and angry” crowd to go to that building and alter the count. of the votes.
That January 6, about 10,000 people – most of them Trump supporters – marched towards the headquarters of Congress and about 800 broke into the building while Biden’s victory in those elections was being certified. There were in total five dead and nearly 140 officers injured.
A former president is entitled to absolute immunity from criminal prosecution for actions within his constitutional authority.
Trump is accused of conspiring to overturn the election results, something that ended in that assault. After the Supreme Court’s decision, Smith redid his accusation to conform to it and this Wednesday introduced never-before-seen evidence.
This new document ensures that Trump He acted as a candidate and not as president in his interactions with state agents, in his speeches and messages in X or when speaking with personnel of the White House.
The Supreme Court said in July that his exchanges with the then vice president, Mike Pence, were considered official conduct, but Smith highlights that when talking about his role in the vote certification process he entered into a matter in which the Executive power does not have a direct role.
Trump’s team had tried to avoid the publication of new evidence before the November elections, in which the former president faces the vice president, Kamala Harriswhich is ahead in voting intentions.
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