The Trump Indictments
mrincredible said:
New filings released in the election interference case. In response to the Supreme Court ruling on Presidential Unaccountability. The general thrust is that the illegal actions were all taken in Trump’s capacity as candidate, not as president.
Obviously no trial will happen before the election but there is apparently new evidence presented in the filing.
https://apnews.com/article/trump-jack-smith-election-supreme-court-0b9969b480036bb1f7c61a73980d406c
https://www.reuters.com/world/us/us-prosecutors-detail-evidence-trump-election-subversion-case-2024-10-02/I’m sure legal analysts will be poring over the 162 page document and finding the juiciest morsels to serve up in the media.
Great opening page.
"The defendant asserts that he is immune from prosecution for his criminal scheme to overturn the 2020 presidential election because, he claims, it entailed official conduct. Not so. Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one. Working with a team of private co-conspirators, the defendant acted as a candidate when he pursued multiple criminal means to disrupt, through fraud and deceit, the government function by which votes are collected and counted—a function in which the defendant, as President, had no official role. In Trump v. United States, 144 S. Ct. 2312 (2024), the Supreme Court held that presidents are immune from prosecution for certain official conduct— including the defendant’s use of the Justice Department in furtherance of his scheme, as was alleged in the original indictment—and remanded to this Court to determine whether the remaining allegations against the defendant are immunized. The answer to that question is no. This motion provides a comprehensive account of the defendant’s private criminal conduct; sets forth the legal framework created by Trump for resolving immunity claims; applies that framework to establish that none of the defendant’s charged conduct is immunized because it either was unofficial or any presumptive immunity is rebutted; and requests the relief the Government seeks, which is, at bottom, this: that the Court determine that the defendant must stand trial for his private crimes as would any other citizen."
(Emphasis added)
WASHINGTON – A trove of new records released in the federal election-interference case against former President Donald Trumpdescribed how money was spent on Trump's "Stop the Steal" rally near the White House on Jan. 6, 2021.
The revelations were among 1,900 pages of evidence for federal charges against Trump that he tried to steal the 2020 election. The evidence also includes details of how his supporters spent election night at the White House and how Trump reacted to the riot at the Capitol.
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Here’s some analysis by Kyle Cheney and Josh Gerstein:
https://www.politico.com/news/2024/10/02/jack-smith-trump-case-00182258
They get a little more into the details of the filing. Apparently a lot of it consists of information from interviews with other Republicans. The subject is conversations they had with Trump, and things that he said to them. That he was consistently told that his legal claims about election fraud lacked merit and he ignored those facts. Apparently many of these conversations are correlated with phone records.
If there is one reason I desperately want Kamala Harris to win (and there are many) it’s to see this case come to trial. To see the evidence presented, argued and cross examined and allow the legal process to determine the outcome. I want the rule of law to prevail.
A bonus would be reinstatement of the charges of espionage and failure to return classified documents in Florida. That was such blatant criminality it boggles my mind that the case could have been dismissed. It’s a case that deserves a trial. And if Trump wins it will all disappear like it never happened.