Former President Donald Trump fired back on Wednesday after a Washington, D.C. federal judge unsealed a 165-page filing from special counsel Jack Smith in the case accusing Trump of attempting to overturn the 2020 election results.
The release of the detailed document comes just over a month before the 2024 election, where voters will decide whether Trump should return to the White House.
The filing by Smith, made public Wednesday, primarily addresses Trump’s claims that he is immune from prosecution due to “absolute” immunity presidents enjoy for actions taken during their time in office.
Celebrate Trump's Historic 2024 Victory with the Exclusive Trump 47th President Collection!
The special counsel argued that Trump’s post-election efforts to overturn the results were not official presidential acts but rather private actions aimed at securing his reelection.
“The defendant [Trump] asserts that he is immune from prosecution for his criminal scheme to overturn the 2020 presidential election because, he claims, it entailed official conduct,” the filing stated. “Not so. Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one.”
Smith continued to argue that Trump’s actions were part of his candidacy, not his role as president.
The filing emphasizes that Trump, working with private individuals, used deceit and fraud to disrupt the lawful counting of votes, an activity in which Trump had no official capacity as president.
Trump immediately reacted to the unsealing of the document, posting on Truth Social: “FOR 60 DAYS PRIOR TO AN ELECTION, THE DEPARTMENT OF INJUSTICE IS SUPPOSED TO DO ABSOLUTELY NOTHING THAT WOULD TAINT OR INTERFERE WITH A CASE. THEY DISOBEYED THEIR OWN RULE IN FAVOR OF COMPLETE AND TOTAL ELECTION INTERFERENCE. I DID NOTHING WRONG, THEY DID! THE CASE IS A SCAM, JUST LIKE ALL OF THE OTHERS, INCLUDING THE DOCUMENTS CASE, WHICH WAS DISMISSED!”
In an interview on NewsNation’s CUOMO, Trump referred to Smith as “a deranged person” and accused the special counsel of working under Kamala Harris and Joe Biden.
Trump argued the release of the filing was politically motivated, designed to damage him and the Republican Party ahead of the election.
MORE NEWS: UnitedHealthcare CEO Murder Suspect Found At A Mcdonald’s In Pennsylvania – LEO Round Table S09E247
“They should have never allowed the information to come before the public, but they did that because they want to hurt you before the election,” Trump said, adding that “the public doesn’t buy it.”
The 165-page filing largely revisits publicly known facts surrounding Trump’s efforts after the 2020 election, including his pressuring of state officials and Vice President Mike Pence not to certify Biden’s win.
One significant argument made by Smith’s team was that Trump’s conduct—such as phone calls with Georgia and Arizona officials—was done in his capacity as a candidate, not as president, as Trump was only focused on contesting the vote count in key swing states.
In one specific incident highlighted in the document, Trump met with Pence on January 4, 2021, just two days before the Capitol riot.
Trump’s decision to exclude his official White House counsel from the meeting was used as an example by prosecutors to argue that Trump’s conduct was private and, therefore, outside the protection of presidential immunity.
Smith’s filing also referenced Trump’s January 2, 2021, call to Georgia Secretary of State Brad Raffensperger, during which Trump asked for 11,780 votes—enough to overturn Biden’s victory in Georgia.
The special counsel argued that Trump’s actions in Georgia and other swing states were part of a deliberate effort to undermine the electoral process.
Throughout the document, prosecutors accused Trump and his co-conspirators of knowingly promoting false claims of election fraud.
They argue that Trump was repeatedly informed that his claims were unsubstantiated, yet he continued to press forward with efforts to challenge the election results.
Smith’s team also cited Trump campaign communications that suggested plans to incite unrest, particularly in Michigan, with one campaign official responding to a colleague’s concerns about possible riots by saying, “Make them riot” and “Do it!!!”
Trump’s legal team has fought to prevent or delay the unsealing of such documents, arguing that releasing the details could hurt Trump’s chances in the 2024 election.
However, U.S. District Judge Tanya Chutkan ruled that political consequences are irrelevant to the pretrial schedule and ordered the partial unsealing of the document.
Chutkan had previously determined that Trump’s concerns about the release of these details do not impact the court’s schedule and ultimately unsealed the filing, though names of certain witnesses and co-conspirators remain redacted.
Trump also faces a range of legal challenges in the coming months. The Supreme Court’s July ruling remanded the question of whether presidential immunity applies in this case to the lower courts.
Additionally, Trump is dealing with a separate 10-count indictment in Georgia related to election interference, as well as efforts by special counsel Jack Smith to revive a 40-count indictment related to the handling of classified documents.
The former president has consistently denied all wrongdoing and pleaded not guilty to all charges against him.
With the 2024 election just weeks away, Trump continues to argue that the ongoing legal battles are part of a broader effort to undermine his political comeback.
Join the Discussion
COMMENTS POLICY: We have no tolerance for messages of violence, racism, vulgarity, obscenity or other such discourteous behavior. Thank you for contributing to a respectful and useful online dialogue.