Donald Trump ‘resorted to crimes’ after 2020 election loss, federal prosecutors say

2 October 2024, 22:08

Former President Donald Trump “resorted to crimes” following his failure to win the 2020 presidential election, federal prosecutors said in a newly unsealed court filing.

Submitted by special counsel Jack Smith’s team, the documents argue that Mr Trump should not be granted immunity from prosecution.

It comes after a court ruled “official acts” by a sitting president should be immune from prosecution.

Smith’s team is attempting to convince US District Judge Tanya Chutkan that the offences charged in the indictment are private, rather than official.

Read more: Ryan Routh charged with trying to assassinate former President Donald Trump

If successful, Mr Trump could feasibly be prosecuted if found guilty.

“Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one,” Smith’s team said.

They added: “When the defendant lost the 2020 presidential election, he resorted to crimes to try to stay in office.”

The 165-page filing marks what is likely to be one of the last chances for prosecutors to outline their case against Mr Trump ahead of the 5 November election.

Trump has pleaded not guilty to all charges levied at him, including conspiracy to obstruct the congressional certification of the election, defraud the US out of accurate results and interfere with Americans’ voting rights.

This new evidence, Smith claims, includes transcripts of witness interviews which will not be made public until trial.

Trump has said he does not "think" he would run again for president in 2028 if he falls short in his bid to return to the White House in 2024.

"No, I don't. I think that will be, that will be it," Mr Trump said when journalist Sharyl Attkisson asked him on Sunday if he would run again.

The comment was notable both because Mr Trump seemed to rule out a fourth bid for the White House and because he rarely admits the possibility he could legitimately lose an election.

Mr Trump normally insists that could only happen if there were widespread cheating, a false allegation he made in 2020 and he has pre-emptively made again during his 2024 presidential campaign.

Mr Trump would be 82 in 2028, a year older than President Joe Biden is now. Mr Biden bowed out of the race in July following his disastrous debate performance and months of being hammered by Mr Trump and other conservatives as being too old and erratic for the job.