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'Make them riot' — Trump election case judge unseals special counsel motion on immunity

  • A federal judge unsealed a motion by Special Counsel Jack Smith detailing the government's evidence against former President Donald Trump in his criminal election interference case in Washington, D.C.
  • The Republican presidential nominee is charged with crimes related to his alleged effort to overturn his loss to President Joe Biden in the 2020 election.
  • The filing was made public less than five weeks before Election Day. Trump is locked in a tight presidential race against Democratic Vice President Kamala Harris.

A federal judge on Wednesday unsealed a redacted motion by special counsel Jack Smith detailing evidence against former President Donald Trump in his criminal election interference case in Washington, D.C.

Smith's 165-page filing argued that the Republican presidential nominee can still be prosecuted for his efforts to overturn his 2020 election loss, despite a Supreme Court ruling in July that Trump has presumptive immunity for his official presidential acts.

"When the defendant lost the 2020 presidential election, he resorted to crimes to try to stay in office," Smith wrote.

"With private co-conspirators, the defendant launched a series of increasingly desperate plans to overturn the legitimate election results in seven states that he had lost," he wrote.

Judge Tanya Chutkan unsealed the filing less than five weeks before Trump will face Vice President Kamala Harris, the Democratic nominee, in the 2024 presidential election.

If Trump wins the election, he will have the power to order the Department of Justice to dismiss the criminal case against him.

Trump has argued that his attempts to undo President Joe Biden's electoral victory amounted to official presidential conduct, which was shielded from prosecution

Read more on cnbc.com
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