Former president Donald Trump is responsible for the events at the Capitol on January 6, 2021, when he incited and encouraged a violent mob to disrupt the congressional certification of the election, according to a new court filing by special counsel Jack Smith.
Smith, prosecuting Trump for alleged conspiracy and obstruction of an official proceeding, argued that Trump’s conduct was not an isolated incident, but rather the culmination of a months-long campaign to undermine the election and subvert the will of the American people.
Donald Trump “stands alone in American history for his alleged crimes” related to trying to overturn his loss in the 2020 presidential election, special counsel Jack Smith’s office said in a court filing Monday.
“No other president has engaged in conspiracy and obstruction to overturn valid election results and illegitimately retain power,” Smith’s office said in the filing.
In it, Smith formally opposed bids by Trump’s lawyers to dismiss his four-count federal election interference indictment in U.S. District Court in Washington, D.C.
Smith’s prosecutors said in the filing that Trump’s motions asking Judge Tanya Chutkan to toss the indictment cites past court cases that actually “undermine his arguments rather than support them,” and “rely on distortions and misrepresentation.”
“The defendant also claims that he could not have known his actions were criminal because, in the past, others who have questioned, challenged, or protested election results were not prosecuted,” the special counsel wrote.
The other filing alleged that Trump “has promoted and extolled the events of that day. While the violent attack was ongoing, the defendant told rioters that they were ‘very special’ and that ‘we love you.’ ”
“In the years since, he has championed rioters as ‘great patriots; and proclaimed January 6 ’a beautiful day,” the filing said.
“The Court should recognize the defendant’s motion for what it is: a meritless effort to evade the indictment’s clear allegations that the defendant is responsible for the events at the Capitol on January 6,” prosecutors wrote.
The trial is scheduled to begin in January 2024, in the U.S. District Court for the District of Columbia. If convicted, Trump could face up to 20 years in prison.
- Jack Smith in New Court Doc: Trump ‘Is Responsible for the Events at the Capitol on January 6’, The Messenger, November 8, 2023
- Special counsel pushes back on Trump’s motions to dismiss Jan. 6 case, MSN, November 7, 2023
- Jack Smith responds to Trump’s attempt to dismiss January 6 case, Yahoo News, November 7, 2023
- DOJ: Trump attempting to ‘sanitize’ his Jan. 6 conduct in motions to dismiss case, MSN, November 6, 2023