In the election interference case against the former president, Jack Smith asserts that Donald Trump holds responsibility for the attacks on the Capitol on January 6, 2021.
According to Smith, Trump’s argument that he is not legally responsible for the attack is “incorrect.”
Smith highlights the extensive indictment and evidence, which clearly demonstrate that the former president called upon his supporters to gather in Washington, DC, and instructed them to march to the Capitol.
This, Smith asserts, was all part of a campaign to exert pressure and overturn the results of the 2020 election.
In the recent filing, it is stated that he intentionally led his supporters to disrupt and attempt to disrupt a joint session of Congress. Additionally, he provided them with false hope by suggesting that Vice President Mike Pence would alter the final outcome.
According to Smith, a defendant can be held criminally liable if they intentionally cause an act to be committed that would be considered a federal offense if done directly by them or someone else.
The filing states that the accusations against the ex-president directly connect his actions on January 6 to his attempts to obstruct the certification proceeding in a corrupt manner.
In response to Trump’s latest attempt to have the case against him dismissed, Smith’s team highlighted a recent Supreme Court decision. The decision pertained to criminal prosecutions against rioters who faced charges of obstruction.
The filing highlights that the decision explicitly affirmed the applicability of a statute in cases where false evidence is used to obstruct the certification of election results.
The charges of criminal conspiracy against the defendant are met with weak and unconvincing arguments, lacking any substantial merit, stated the judge.
In a recent federal court filing, an extensive 165-page document has shed light on the intricate details of Smith’s case. This comprehensive report provides a detailed account of Trump’s alleged scheme, presenting prosecutors with a blueprint of evidence that they plan to present to a jury during the trial.
Prosecutors have outlined in a document the criminal and desperate efforts made by Trump to hold onto power by making knowingly false claims of election fraud.
District Judge Tanya Chutkan has granted an extension to Trump’s attorneys, allowing them to respond to the filing after Election Day. Trump’s attorneys are expected to submit their motion to dismiss the case, which includes arguments about his presidential immunity, on November 7.
