What’s next after evidence is revealed in Trump’s 2020 election interference case?

WASHINGTON (AP) — Special Counsel Jack Smith has provided one Road map for how prosecutors plan to prove their case by accusing former President Donald Trump of an illegal scheme overturn his 2020 election defeat – if it ever goes to court.

In court documents unsealed Wednesday, Smith’s team cites new evidence of Trump’s “increasingly desperate” efforts to stay in power even as people close to him tried to convince him that he had lost the presidency.

It’s just over a month before the presidential election, which could decide the future of the case.

The Republican presidential candidate, who called the case politically motivated, criticized the lawsuit a NewsNation interviewand called it “pure election interference” and “weaponizing the government.”

Here’s a look at what the filing means and what’s next:

Trump committed “private crimes,” prosecutors say

The purpose of the filing is to convince U.S. District Judge Tanya Chutkan in Washington that the allegations against Trump can continue to go to trial afterward Supreme Court in July ruled that former presidents enjoy broad immunity from prosecution.

While the Supreme Court said former presidents enjoy at least presumptive immunity for actions they committed in their official role as president, the justices said they are not protected from prosecution for things they do in their private capacity.

Smith’s team is trying to make the case that Trump’s prosecution is not off limits because he acted as a private candidate for office rather than as commander in chief when he plotted to overturn the will of the voters. Prosecutors say Trump “must stand trial for his private crimes like any other citizen.”

“Although defendant was the sitting president during the charged conspiracies, his scheme was essentially a private one,” prosecutors wrote.

“Working with a team of private co-conspirators, the defendant acted as a candidate in pursuing multiple criminal means to, through fraud and deception, disrupt the governmental function of collecting and counting votes – a function in which the defendant, as President, had no official role.”

How did we get here? The case is a long and winding road

The case was scheduled to be heard in federal court in Washington in March, but was put on hold last December so Trump could appeal his sweeping claims of presidential immunity. Trump had asked the Supreme Court to dismiss the case entirely, arguing that “the presidency itself cannot maintain its vital independence if the president faces criminal prosecution for official acts after he leaves office.”

Although the Supreme Court did not dismiss the case, it effectively withdrew the prosecution’s allegations related to Trump’s dealings with the Justice Department. And it sent the case back to Chutkan to determine which of the remaining allegations in the indictment involve official actions for which Trump may be immune from prosecution, and which allegations, if any, can be tried.

In August Smith’s team a new indictment was filed which kept the same criminal charges but narrowed the allegations to comply the Supreme Court ruling.

What happens now?

Trump’s lawyers had objected to the filing, accusing prosecutors of wanting to release their “politically motivated manifesto” to damage Trump’s campaign in the final weeks before the election.

The defense will now have the opportunity to respond to Smith’s team’s arguments. Trump’s response was expected later this month, but Chutkan agreed to give the defense until Nov. 7 after they asked for an extension.

Meanwhile, Trump’s lawyers continue their efforts to dismiss the case. The defense filed court documents Thursday challenging the case on legal grounds, saying prosecutors had stretched the laws “beyond their limits based on false claims that President Trump was somehow responsible for the events at the Capitol.” “.

Trump’s lawyers have argued that the allegations in the indictment – including conversations with his vice president and pressing state officials about the administration of the election – go to the heart of Trump’s responsibilities as commander in chief. Trump’s lawyer John Lauro told the judge during a hearing last month that the Supreme Court’s opinion required the case to be dismissed outright – a position the judge made clear she did not accept.

Even if the judge agrees with prosecutors, the case will not go to trial anytime soon. Their decisions are expected to be appealed – probably all the way to the Supreme Court.

And if Trump defeats Vice President Kamala Harris, he could appoint an attorney general who would seek dismissal of this case and the other federal criminal cases against him. Or Trump could potentially order a pardon for himself.

New material for the Democrats, but the political impact is uncertain

The filing gives Democrats new material for their campaign against Trump and reminds voters of the allegations just a month before Election Day, even as voting has already begun in some states.

Trump has also seized on the report, calling it another attempt by his rivals to hamper his campaign – complaints that have proven to be a powerful motivator for his base and a boon for his fundraising.

However, it is unclear what impact this will have on voters as numerous details about the 2020 election campaign have already been released Trump’s multiple impeachments. In polls, concerns about protecting democracy typically lagged behind concerns about issues like the economy and inflation.

This includes one current CNN poll That found that 4 in 10 likely voters said the economy was their most important issue when deciding to vote, while about 2 in 10 said protecting democracy was their top priority.

The issue of protecting democracy appears to be more important to Democrats and voters who already support Harris. About four in 10 voters who support Harris say it is their biggest issue. Among Republicans and Trump supporters, about six in ten respondents named the economy as their most important election issue, followed by immigration. Only 5% of Trump supporters said protecting democracy was their most important issue.

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Associated Press reporters Jill Colvin in New York and Linley Sanders contributed to this report.