(Ken Silva, Headline USA) In what critics have deemed a lame attempt at an an “October surprise,” the Obama-appointed Judge Tanya Chutkan has unsealed special counsel Jack Smith’s mammoth court filing that seeks blame Donald Trump for the Jan. 6, 2021, Capitol Hill uprising.
Smith’s filing was submitted, initially under seal, following a Supreme Court opinion that conferred broad immunity on former presidents for official acts they take in office, narrowing the scope of the prosecution charging Trump with challenging the dubious results of the 2020 election.
Smith argued in his new motion that Trump may have been President, but his “scheme” to challenge the election was “fundamentally a private one.”
BREAKING: Judge Chutkan just unsealed Jack Smith's "immunity motion" explaining why the remainder of his J6 indictment against Donald Trump is not subjected to presidential immunity per SCOTUS ruling.
Just in time as Harris/Walz try to make J6 a top campaign issue: pic.twitter.com/8mM6QyKqRr
— Julie Kelly 🇺🇸 (@julie_kelly2) October 2, 2024
“Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one,” Smith’s team wrote.
Trump campaign spokesman Steven Cheung called the brief “falsehood-ridden” and “unconstitutional” and repeated oft-stated allegations that Smith and Democrats were “hell-bent on weaponizing the Justice Department in an attempt to cling to power.”
“The release of the falsehood-ridden, Unconstitutional J6 brief immediately following Tim Walz’s disastrous debate performance is another obvious attempt by the Harris-Biden regime to undermine American Democracy and interfere in this election.”
The filing might be light on substance, but reveals new details about Trump’s strained relationship with then-Vice President Mike Pence— including a private lunch the two had on Nov. 12, 2020, in which Pence “reiterated a face-saving option” for Trump, telling him, “don’t concede but recognize the process is over,” according to prosecutors.
In another private lunch days later, Pence urged Trump to accept the results of the election and run again in 2024.
“I don’t know, 2024 is so far off,” Trump told him, according to the filing.
The filing also claims that Trump said, “So what?” when aides alerted him that Pence was in potential danger after a crowd of violent supporters stormed the U.S. Capitol.
The Associated Press contributed to this report.
Ken Silva is a staff writer at Headline USA. Follow him at x.com/jd_cashless.
