5 key details in special counsel Jack Smith's Trump election case filing
Fox News
Special counsel Jack Smith argues in a new court filing that former President Donald Trump is not immune from prosecution for his conduct immediately after the 2020 presidential election.
"Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one," Smith wrote. "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." Chris Pandolfo is a writer for Fox News Digital. Send tips to chris.pandolfo@fox.com and follow him on Twitter @ChrisCPandolfo.
The Supreme Court's decision in Trump v. United States held that Smith could not prosecute Trump for the president's alleged use of the Justice Department to look into unproven claims of widespread voter fraud in the 2020 election. In response, Smith filed an updated indictment that revised the allegations against Trump to fit within the scope of the Supreme Court's decision.
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