Special Counsel Jack Smith’s 165-page ‘immunity motion’ has been unsealed by Judge Tanya Chutkan, arguing that Donald Trump is subject to prosecution for his actions related to the 2020 election despite the Supreme Court’s ruling granting former presidents a presumption of immunity for official acts. The brief contends that Trump’s efforts to overturn the election were conducted as a candidate, not as president, thus not protected under the immunity established by the court.

Smith cites a specific Twitter post from Trump on January 6, 2021, which incited his supporters against Vice President Pence, as an example of his unofficial conduct.

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Trump’s legal team argues the filing is politically motivated and threatens the presidency itself, seeking to dismiss the charges based on the Supreme Court’s ruling. They have until October 17 to respond to the motion, which is expected to provoke significant media attention.

The unsealing of the motion marks a critical moment in the ongoing legal battles surrounding Trump as the presidential election approaches.

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