U.S. Government: Trump Acted as “Private Candidate” in Plot to Overturn Election

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U.S. Government argues Donald Trump acted in a private capacity as a candidate, not a sitting president, in his efforts to overturn the 2020 election results.

WASHINGTON, D.C. — Donald Trump must stand trial for his alleged efforts to overturn the 2020 presidential election, the U.S. Government has asserted in new filings, arguing that his actions were those of a candidate seeking re-election, not an acting president. The motion, filed in the U.S. District Court for the District of Columbia, challenges Trump's claims of immunity and accuses him of using deceit and fraud in an attempt to remain in power despite losing the election.

Trump Accused of Acting as a Candidate, Not a President

In the latest legal battle surrounding Trump, U.S. Attorney Jack Smith contends that Trump's actions were "fundamentally private" and aimed solely at securing a second term. According to the court filing, Trump's alleged conspiracy to overturn the election—targeting key states like Arizona, Michigan, and Pennsylvania—was not connected to his presidential duties but instead reflected his role as a candidate.

The Government's motion for immunity determinations states that Trump’s criminal behavior in contesting the election results, including his pressure on state officials and attempts to interfere with the certification of the election, should not be protected by presidential immunity. It argues that Trump’s use of fraudulent electors and his public claims of a rigged election were part of his campaign to retain power, and therefore, he must be held accountable for these actions in a court of law.

Legal Framework for Trump’s Immunity Faces Supreme Court Scrutiny

The Government’s argument hinges on the Supreme Court’s ruling in Trump v. United States (2024), which determined that while presidents are immune from prosecution for certain official conduct, Trump’s use of the Justice Department and other official powers was not part of the conduct alleged in this case. The Court remanded the issue of Trump’s other actions to the lower court, prompting this motion from the Government to proceed with the prosecution.

According to the filing, Trump's actions, including "lying to state officials" and pressuring Vice President Mike Pence to block the certification of the election results on January 6, 2021, were the actions of a candidate seeking re-election, not an executive protecting the integrity of his office. As the Government noted, “none of the defendant’s remaining conduct is immunized” under the Supreme Court’s ruling.

Private Co-Conspirators and Pressure on Election Officials Underscore Government's Case

One of the key points in the Government's case is that Trump worked with private co-conspirators to challenge the election results. The filing details how Trump and his allies spread false claims of election fraud in a coordinated effort to undermine the election results in seven states. This included lies about dead voters, forged ballots, and rigged voting machines—all of which were debunked by local election officials. Despite knowing these claims were false, Trump continued to push them in the media and in court, the filing argues.

Additionally, Trump's repeated attempts to persuade state officials in Georgia, Arizona, and Michigan to overturn their state’s election results are framed as private actions, taken outside the scope of his official presidential duties.

Trump’s Actions on January 6th Elicit Ongoing Legal Challenges

The Government’s case also focuses on Trump’s actions leading up to and on January 6, 2021, when he incited a crowd of his supporters to march on the U.S. Capitol in an attempt to stop the certification of Joe Biden’s election victory. The filing notes that Trump's "deceitful and false claims" of widespread voter fraud were intended to inflame his base, which ultimately led to the violent insurrection that disrupted Congress.

In their filing, the prosecutors argue that Trump’s infamous tweet attacking Pence during the riot—sent just minutes after learning that rioters had breached the Capitol—was an example of Trump using his influence as a candidate, not as a president fulfilling official duties. The Government asserts that no amount of "presidential immunity" can shield Trump from accountability for actions that were rooted in personal political ambition.

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