New prosecutor attempt to try Trump for assault on the Capitol

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La Jornada Newspaper
Thursday, October 3, 2024, p. 26

Washington. Former President Donald Trump acted as a private person in his attempt criminal for reversing the result of the 2020 elections in the United States and therefore should not have presidential immunity, according to a court presentation by special prosecutor Jack Smith known yesterday.

In a 165-page text, Jack Smith also provided new evidence about the efforts of the former president and current Republican candidate to overturn the results that gave Democrat Joe Biden the winner of those elections.

Although Trump was scheduled to go on trial in March, the case was put on hold after his lawyers argued that a former president should have immunity from criminal prosecution.

The US Supreme Court ruled in July that a former president has broad immunity from prosecution for official acts while in office, but can also be prosecuted for unofficial acts.

The filing, unsealed by District Court Judge Tanya Chutkan, states that Trump should not escape prosecution because he acted as a candidate and not as president in his criminal attempt.

Trump’s behavior reportedly included lying to state officials, manufacturing fraudulent ballots and trying to get Vice President Mike Pence to obstruct Congress’ certification of Biden’s victory.

When all that failedthe special counsel noted, Trump incited a angry crowd of followers to go to the United States Capitol, on January 6, 2021.

Smith said there is ample evidence that Trump knew his claims of election fraud were false because close advisers had told him so.

Chutkan has not set a trial date, but it will not be held before the Nov. 5 election between Trump and Vice President Kamala Harris.

Trump is charged with conspiracy to defraud the United States and conspiracy to obstruct a proceeding.

He is also accused of attempting to disenfranchise American voters by falsely claiming to have won the 2020 election.

In May, Trump was convicted in New York of falsifying business records with the aim of covering up hidden payments in exchange for the silence of former porn actress Stormy Daniels.

He also faces charges in Georgia related to efforts to overturn the 2020 election.