The Department of Justice accused former President Donald Trump of “resorting to crimes to stay in office” in a “desperate” effort to overturn his 2020 election loss in a new court filing.
On Wednesday, Judge Tanya Chutkan released a 165-page motion filed by Special Counsel Jack Smith relating to Trump’s immunity claims in his criminal prosecution over his efforts to overturn the 2020 election.
During the summer, the Supreme Court ruled that Trump is entitled to immunity from criminal prosecution relating to official acts undertaken while he was in office. However, the DOJ claims Trump’s alleged criminal behavior was not a part of his official duties as president and therefore open to prosecution.
“When the defendant lost the 2020 presidential election, he resorted to crimes to try to stay in office,” Smith’s filing said. “With private co-conspirators, the defendant launched a series of increasingly desperate plans to overturn the legitimate election results in seven states that he had lost.”
“The defendant also knew that he had only one last hope to prevent Biden’s certification as President: the large and angry crowd standing in front of him. So for more than an hour, the defendant delivered a speech designed to inflame his supporters and motivate them to march to the Capitol,” Smith added.
The DOJ also notes that Trump “laid the groundwork for his crimes well before” Election Day
“The throughline of these efforts was deceit: the defendant’s and co-conspirators’ knowingly false claims of election fraud,” the filing said.
Trump pleaded not guilty last year to attempting to overturn the results of the 2020 election. Judge Chutkan is currently deciding whether the allegations of criminal behavior outlined by the DOJ is protected by the Supreme Court’s recent ruling on presidential immunity.
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