Washington —A federal judge in Washington, DC, has released the most comprehensive narrative to date of the 2020 election conspiracy case against Donald Trump, outlining what special counsel Jack Smith describes as the former president’s “private criminal conduct.”
The 165-page document comes from Smith’s office and is the fullest accounting yet of evidence in the election subversion case against Trump.
Throughout the document, Smith argues that the actions Trump took to overturn the election were in his private capacity – as a candidate – rather than in his official capacity, as a president. That argument flows from the Supreme Court’s decision in July, which granted the former president sweeping immunity for official actions but left the door open for prosecutors to pursue Trump for unofficial steps he took.
”At its core, the defendant’s scheme was a private one,” prosecutors wrote in the motion. “He extensively used private actors and his campaign infrastructure to attempt to overturn the election results and operated in a private capacity as a candidate for office.”
The filing reportedly has some redactions. It weaves together what prominent witnesses told a federal grand jury and the FBI about Trump, along with other never-before-disclosed evidence investigators gathered about the former president’s actions leading up to and on January 6, 2021.