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Prosecutors say Trump was engaged in 'private criminal effort' to overturn 2020 election

The Trump team vigorously objected to the release of the unsealed court filing, citing a sensitive" pre-election time period.
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A newly unsealed court filing from Special Counsel Jack Smith alleges former President Donald Trump engaged in a "private criminal effort" to try and overturn the results of the 2020 election.

The 165-page filing is an attempt by Smith to show there is evidence that Trump committed criminal acts outside the scope of presidential immunity, which was outlined in the U.S. Supreme Court's July decision.

"Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one," prosecutors write.

Jack Smith argues that Trump did not listen to the advice of his Vice President Mike Pence or of his aides, and therefore is not entitled to legal immunity.

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The new filings shed light on details about who allegedly tried to help Trump achieve his goals.

In one instance, former Vice President Mike Pence appears in the document having a conversation with former President Donald Trump, trying to encourage him to accept the results of the 2020 election.

In other cases, though names are sometimes blacked out, evidence and previous reporting suggest Steve Bannon and Rudy Giuliani were named.

And one person described as a "son-in-law" of the defendant is not directly named, but is thought to be Jared Kushner.

Other details give insight into Trump's state of mind during the Capitol insurrection.

According to the filing, when he was informed that then-Vice President Pence had been rushed to safety during the Jan. 6 riot at the U.S. Capitol, Trump reportedly asked an aide "So what?"

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The Trump team vigorously objected to the filing, calling it unnecessary and saying it could lead to the airing of unflattering details in the "sensitive" pre-election time period.

In an Oct. 1 court filing, lawyers for Trump argued the proposed release was politically motivated.

"The true motivation driving the efforts by the Special Counsel’s Office to disseminate witness statements that they previously sought to lock down is as obvious as it is inappropriate. The Office wants their politically motivated manifesto to be public, contrary to the Justice Manual and longstanding DOJ norms in cases not involving President Trump, in the final weeks of the 2024 Presidential election while early voting has already begun throughout the United States," the filing read.

And on Wednesday, Trump responded to the newly unsealed filing, writing on Truth Social again that that the latest development was politically motivated.

"This entire case is a partisan, unconstitutional witch hunt that should be dismissed, entirely, just like the Florida case was dismissed," he wrote, referencing the federal classified documents case against him in Florida that was dismissed by Judge Aileen Cannon.

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