New Report Accuses Trump of Criminal Behavior During Capitol Riot
On Wednesday, Judge Tanya Chutkan of the US District Court in Washington released significant portions of a new report detailing Donald Trump's actions during the violent assault on the US Capitol by his supporters on January 6, 2021. The report, prepared by Special Counsel Jack Smith at the request of the prosecution, aims to illustrate that Trump behaved as a private citizen rather than in his official capacity as President, potentially making him open to prosecution for his actions in this context.
Trump faces accusations of having played an active role in instigating the Capitol insurrection, which sought to derail the certification of Joe Biden’s election victory. A crucial Supreme Court ruling from July 2023 established that while presidents enjoy certain immunities, they cannot be prosecuted for official acts carried out while in office, complicating the prosecution's challenge against Trump amidst his presidency.
Smith’s report reveals new insights into Trump's behavior during the insurrection. Notably, it alleges that while the chaotic assault unfolded, a White House assistant informed Trump about the breach of the Capitol and the fact that Vice President Mike Pence was in imminent danger. Instead of acting decisively to quell the violence, Trump is reported to have responded with indifference, saying, "So what," before returning to watch television. This response came amid his frustration towards Pence, who had chosen to uphold the law and certify Biden’s victory.
The report presents additional troubling instances, such as a mid-November 2020 lunch where Pence allegedly urged Trump to accept reality and consider the prospect of running again in 2024. Trump's purported reaction was dismissive, stating, "I don’t know, 2024 is so far away,” indicating his persistent refusal to acknowledge his electoral defeat.
Moreover, the report documents various efforts by Trump to pressure officials in key swing states, including Georgia, to overturn the election results without success. Prosecutors assert that throughout these incidents, Trump acted not as a president performing his duties but rather as a defeated candidate unwilling to concede, which could weaken his claim to presidential immunity.
As of now, no trial date has been set, and it seems improbable a hearing would occur before the upcoming presidential elections on November 5. Trump's legal team has characterized the report's release as a political maneuver aimed at undermining his candidacy in light of the imminent vote. Meanwhile, prosecutors argue for a prompt resolution, citing the potential implications if Trump were to regain the presidency and could influence the Justice Department's decisions regarding the ongoing case.
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