October Surprise? Prosecutors: The Felon Guy ‘Resorted to Crimes’ After Losing 2020 Election in Failed Bid to Cling to Power

Donald Trump “resorted to crimes” after losing the 2020 election, federal prosecutors said in a court filing unsealed Wednesday that argues that the former president is not entitled to immunity from prosecution over his failed bid to remain in power.

The filing was submitted by special counsel Jack Smith’s team 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 conspiring to overturn the results of the election he lost to Democrat Joe Biden.

The purpose of the brief is to convince U.S. District Judge Tanya Chutkan that the offenses charged in the indictment are private, rather than official, acts and can therefore remain part of the indictment as the case moves forward.

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