WASHINGTON – On Wednesday, special counsel Jack Smith from the Justice Department released a 165-page document detailing the allegations against Donald Trump regarding election interference. This document argues that Trump does not deserve immunity from criminal charges because his actions were aimed at personal gain rather than fulfilling his responsibilities as a public official.

“Even though the defendant was the sitting President during the alleged conspiracies, his actions were primarily for personal benefit,” Smith wrote. “Alongside a group of private accomplices, the defendant operated as a candidate when he employed numerous illicit methods to disrupt the governmental process of collecting and counting votes—a process where he, as President, held no official authority.”

“After losing the 2020 presidential election, the defendant turned to illegal activities in an attempt to maintain his position,” the document continued.

This filing serves as the initial step for U.S. District Judge Tanya Chutkan to determine if Trump is protected from charges related to his actions while in office. Although a trial or even a hearing on the evidence is unlikely before the November 5 election, this document offers the clearest insight to date into the case against Trump.

Trump’s legal team criticized the extensive filing of allegations as a “monstrosity” and a “false hit piece,” arguing against its length, which is four times greater than typical submissions.

However, prosecutors maintained that the Supreme Court instructed Chutkan to base her ruling on facts regarding Trump’s eligibility for charges, and she has agreed to evaluate it.

Chutkan stated that the dialogue regarding evidence “is simply part of how litigation unfolds.”

What charges are Trump facing?

Trump is charged with four counts related to attempts to overturn the election results and obstructing Congress during the counting of Electoral College votes on January 6, 2021. He has pleaded not guilty.

On July 1, the Supreme Court ruled that former presidents are generally protected from charges related to their official actions, such as pardons and vetoes, and are usually immune from charges for other official duties. However, they do not enjoy immunity for personal conduct, which prosecutors argue Trump engaged in while campaigning to remain in power.

What does Jack Smith’s case outline indicate?

Smith has accused Trump of engaging in “desperate” criminal acts, which involved misleading state authorities in seven states to disregard accurate vote counts; creating fraudulent electoral votes in selected states; attempting to persuade Vice President Mike Pence to obstruct the confirmation of the election on January 6, 2021; and directing a violent mob to the Capitol on that same day.

One instance highlighted by Smith involved Trump’s claims regarding non-citizen voters in Arizona, which began with an allegation of 36,000 and escalated to 50,000, and eventually to about 250,000—figures that were all proven to be false and unverified, according to Smith.

“At the core of these actions was deceit: the defendant and his co-conspirators knowingly made false claims of election fraud,” Smith noted.

The identities of those allegedly involved in the conspiracy alongside Trump were concealed in the filing.

As the counting of votes proceeded, Trump’s associates attempted to “create confusion,” despite being aware that Biden had won the disputed states, Smith asserts. At the TCF Center in Detroit, one Trump supporter reportedly acknowledged a batch of votes for Biden was accurate, to which another responded, “find a reason it isn’t.”

Why is former Vice President Mike Pence significant to the case?

Central to the case is Pence, who played a dual role as vice president in the executive branch and as Senate president in the legislative branch. Trump pressured Pence to acknowledge Republican electors from states that went to Democratic President Joe Biden during the process of counting Electoral College votes.

The court found that allegations regarding Trump’s interactions with Pence “pose more complex questions.” The 6-3 majority ruled that vice presidents presiding over the Senate do not operate as part of the executive branch. However, the majority declined to make a definitive conclusion.

Trump has been stated to have no immunity regarding his attempts to persuade Pence to utilize his ceremonial duties “to deceitfully change the election results.”

Trump maintains that his communications with Pence were a fundamental part of their official roles and should be protected from criminal charges. Should the Pence-related allegations be dismissed from the indictment, his legal team argues that all counts should be dropped.

However, prosecutors argue that Trump’s discussions with Pence were focused on legislative matters and the election itself, which means they were not protected official communications. The submitted documents include Trump’s posts on social media as well as public comments where he pressured and criticized Pence for certifying the election results.

Smith’s filing references various meetings between Trump and Pence in November and December of 2020. After receiving a discouraging update from their lawyers about election challenges, Pence reportedly told Trump on Nov. 12: “don’t concede but recognize process is over.” At a private lunch on Dec. 21, Pence advised Trump to “not view the election ‘as a loss – just an intermission.’”

Smith stated, “Aside from the specific official actions related to Pence that the Supreme Court deemed official, none of the defendant’s other actions were official in nature.”

Trump’s Legal Team Calls Filing a ‘Monstrosity’

Trump’s lawyers, John Lauro and Todd Blanche, pleaded with Chutkan to reject the extensive filing, arguing it risks contaminating the jury pool and could influence potential witnesses. They further claimed that the filing might sway the upcoming election.

“False public accusations from the Special Counsel’s Office, framed through a document that lacks foundations in traditional criminal judicial processes, will certainly affect the election discourse,” the lawyers stated.

Nonetheless, Judge Chutkan determined that Trump’s legal team did not properly demonstrate how the filing would negatively impact his case.

Trump has until October 17 to submit an official response.