As anticipated, Judge Tanya Chutkan has ordered unsealed the motion filed by Special Counsel Jack Smith to make immunity determinations in the D.C. criminal case against former President Donald Trump. The 165-page motion contains certain redactions but may be viewed in its entirety below.
In the motion, prosecutors assert that Trump “resorted to crimes” following the 2020 election.
Throughout the document, Smith argues that the actions Trump took to overturn the election were in his private capacity – as a candidate – rather than in his official capacity, as a president. That argument flows from the Supreme Court’s decision in July, which granted the former president sweeping immunity for official actions but left the door open for prosecutors to pursue Trump for unofficial steps he took.
”At its core, the defendant’s scheme was a private one,” prosecutors wrote in…
