Donald Trump “resorted to crimes” in a failed bid to cling to power after losing the 2020 election, federal prosecutors said in a newly unsealed court filing that argues that the former US president is not entitled to immunity from prosecution.
The filing was unsealed Wednesday. It was submitted by special counsel Jack Smith’s team following a supreme court opinion that conferred broad immunity on former presidents and narrowed the scope of the prosecution.
Trump’s legal team have employed a delaying strategy in all the numerous legal cases that Trump faces that has mostly been successful.
The 165-page filing is probably the last opportunity for prosecutors to detail their case against Trump before the 5 November election given there will not be a trial before Trump faces the Democratic vice-president, Kamala Harris.
Prosecutors laid out details including an allegation that a White House staffer heard Trump tell family members that it did not matter if he won or lost the election, “you still have to fight like hell”.
Trump has pleaded not guilty to four criminal charges accusing him of a conspiracy to obstruct the congressional certification of the election, defraud the US out of accurate results and interfere with Americans’ voting rights.
Prosecutors working with Smith divulged their evidence to make the case that the remaining allegations against Trump survive the US supreme court’s ruling that former presidents have broad immunity from criminal prosecution for official actions taken as president.
Prosecutors have said the filing will discuss new evidence, including transcripts of witness interviews and grand jury testimony, but much of that material will not be made public until a trial.
Senior officials in Trump’s administration including former vice-president Mike Pence and White House chief-of-staff Mark Meadows appeared before the grand jury during the investigation.
Prosecutors submitted the court filing on Thursday, but US district judge Tanya Chutkan had to approve proposed redactions before it was made public.
Trump’s lawyers opposed allowing Smith to issue a sweeping court filing laying out their evidence, arguing it would be inappropriate to do so weeks before the election. They have argued the entire case should be tossed out based on the supreme court’s ruling.
The US presidential election is a neck-and-neck contest with Harris establishing a slight but solid lead over Trump in most national voting surveys. The picture in a the all-important swing states is more complex, however, was tight races in the key contests that will decide the election.
If Trump wins the election, he is likely to direct the justice department to drop the charges.
Reuters and the Associated Press contributed to this report
