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Prosecutor: Trump used criminal methods

Donald Trump "used criminal methods" to retain the presidency after losing the 2020 election. Therefore, he would not enjoy immunity according to the prosecutors.

» Updated: 03 October 2024, 18:20

» Published: 02 October 2024

Prosecutor: Trump used criminal methods
Photo: Seth Wenig/AP/TT

The new allegations come from special prosecutor Jack Smith, who does not want to see the former US president invoke immunity regarding his actions after the 2020 presidential election.

Smith submitted a filing to the court on Wednesday that will decide the case in which Trump is being prosecuted for attempting to have the 2020 election result declared invalid.

"When the defendant lost the 2020 presidential election, he took criminal measures to retain the post," the prosecutors write.

The information shows, according to Smith and his assistants, that Donald Trump does not enjoy immunity in the case.

Attempted to Persuade Pence

The purpose of the filing is to convince the federal judge Tanya Chutkan that the suspected actions were committed by private individual Trump and not President Trump, and that the case can therefore proceed.

"Despite the defendant being the sitting president at the time the charges relate to, his actions were fundamentally private," the prosecutors write.

Among the suspected crimes are attempts to persuade then-Vice President Mike Pence to declare the election result invalid on the afternoon of January 6, 2021, which he refused.

The filing contains details from discussions between Trump and Pence from November 2020, where the vice president tried to persuade Trump to "not admit defeat, but acknowledge that the process is over".

Pence is also said to have tried to persuade Trump to run in 2024 instead.

I don't know, 2024 is so far away, Trump is said to have replied.

Supreme Court Could Not Decide

Donald Trump has previously been prosecuted for attempting to have the 2020 presidential election result declared invalid, including in connection with the storming of the Capitol on January 6, 2021.

The charges were changed last summer after the Supreme Court ruled that former US presidents enjoy immunity from prosecution for official actions.

The Supreme Court could not determine whether Donald Trump's actions prior to the storming of the Capitol on January 6, 2021, are covered by presidential immunity.

Donald Trump, who is also the Republican presidential candidate this year, says he is innocent of all charges. If convicted, Trump risks up to 20 years in prison.

It is unclear when, or if, the trial can reach a court.

On January 6, 2021, the US Congress gathered in the Capitol to count the presidential election's electoral votes and formally declare Democrat Joe Biden the winner and next president.

At the same time, tens of thousands of Donald Trump supporters gathered nearby for a political mass rally. There, Trump repeated his false claims of systematic electoral fraud and claimed he was the real winner. He urged his supporters to go to Congress and "fight like hell".

Parts of the crowd did as he said. The protests turned violent when hundreds of people stormed the Capitol, clashed with police, vandalized, and entered one of the chambers.

Nine deaths can be linked to the storming, according to AP, and over 700 charges have been filed. One of them is a federal charge against Donald Trump. Special prosecutor Jack Smith has formulated four charges, including attempts to defraud the state of the USA, attempts to stop a public official, and attempts to stop people from exercising their constitutionally protected rights.

The charge is considered the most serious of the ongoing legal proceedings against Trump, who denies all allegations. If convicted, the former president risks up to 20 years in prison.

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By TTThis article has been altered and translated by Sweden Herald

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