Washington Judge Tanya Chutkan unsealed on Oct. 2 an extensive filing special counsel Jack Smith submitted to dispute the idea that former President Donald Trump is immune from prosecution for his response to the 2020 presidential election.
The filing is one of the first steps for the court in determining what remains of the superseding indictment Smith filed after the Supreme Court’s decision in Trump v. United States, which held that presidents enjoy some criminal immunity.
“Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one,” the 165-page brief from Smith’s team reads….