This is adapted excerpt from MSNBC’s Oct. 2 special coverage.
On Tuesday, U.S. District Judge Tanya Chutkan unsealed a new filing in special counsel Jack Smith’s election interference case against Donald Trump, the case that includes allegations about Jan. 6.
Now, you may be asking yourself, why does this 165-page motion even exist? The prosecutors already put forward a superseding indictment in the case in August. The intention behind this document, which was filed by Smith’s team last week, was to show Judge Chutkan that the immunity ruling from the Supreme Court didn’t sink the government’s case.
The filing contains an incredible level of specificity, arguing that Trump was not carrying out these acts as president of the United States, but was instead taking these actions as somebody who was trying to win a next term as president. It’s full of very clear and quotable lines like, “The Executive Branch has no authority or function to choose the next President.” As the filing contends, the extent to which Trump was trying to effect that choice was as a candidate and an interested party, not as president.








