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Donald Trump bears responsibility for the January 6 attack, Jack Smith argues in a new filing

WASHINGTON — A team of federal prosecutors led by Special Counsel Jack Smith said in a filing Wednesday that Republican presidential candidate Donald Trump bears responsibility for the Jan. 6 attack on the U.S. Capitol.

In a filing in response to Trump’s attempt to dismiss the case, Smith’s team said it is “false” for Trump’s team to claim that the August superseding indictment against Trump does not demonstrate that Trump bears responsibility. for the events of January 6.

Trump, Smith’s team said, “ensured others” to obstruct the certification of President Joe Biden’s 2020 election victory by repeating his false claims of election fraud and giving “false hope” to his supporters who believed that then- Vice President Mike Pence could collapse. the election, and by “pressuring” Pence and lawmakers to accept fraudulent certifications as part of the bogus electoral system.

“These charges directly link defendant’s actions on January 6 to his efforts to corruptly obstruct the certification process,” Smith’s team wrote.

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Jack Smith speaks (Chip Somodevilla/Getty Images file)

Special Counsel Jack Smith delivers comments on an unsealed indictment against Trump on June 9, 2023.

“Contrary to Defendant’s assertion (…) that he bears no actual or legal responsibility for the ‘events of January 6,’ the superseding indictment clearly alleges that Defendant intentionally caused his supporters obstructed and attempted to impede the proceedings by summoning them to Washington, DC, and then ordering them to march to the Capitol to pressure the Vice President and lawmakers to reject the legitimate certificates and replace them with to rely on the fraudulent election certificates,” Smith’s team wrote.

Trump’s lawyers previously argued that the indictment “stretches generally applicable statutes beyond their breaking point based on false claims that President Trump is somehow responsible for the events at the Capitol on January 6, 2021,” and sought to ” to assign blame for events beyond President Trump’s control.” and took action to protect against it.”

The indictment alleged that Trump exploited the violence and chaos at the Capitol, and in a recent filing, Smith’s team said that Trump – upon hearing that Pence had to be rushed to a secure location shortly after Trump attacked him on Twitter – responded by saying: “And then?”

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Attorneys for Smith and Trump have continued to exchange legal filings in the case, with less than three weeks to go until Election Day, when Trump will hope to return to power after his 2020 loss. He has denied wrongdoing in the case and claimed the charges were politically inspired.

The latest filing comes after the Supreme Court’s decision on presidential immunity overturned part of Smith’s case against Trump. A federal grand jury’s superseding indictment alleged that Trump knowingly spread lies about the 2020 election that were “unsupported, objectively unreasonable, and constantly evolving” in his effort to reverse his loss and stay in power.

Smith’s team said Trump’s motion to dismiss “does not demonstrate any pleading error in the superseding indictment that would justify its dismissal” and that his motion “completely ignores that the case against him includes allegations that he and his co-conspirators attempted to fabricate false evidence.” create and use – fraudulent. election certificates – as a means to hinder the certification process.”

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Smith’s team said in a filing earlier this month that Trump “resorted to crimes” to stay in office after his loss and that he was effectively acting as a private candidate for office, not president, when he engaged in many of the behaviors in government. heart of their business.

Judge Tanya Chutkan, who is overseeing the case, granted Trump’s team a reprieve, pushing back the deadline for a filing until after the election. Trump’s motion to dismiss based on his claims of presidential immunity is now due on November 7, while the administration’s response is due on November 21. Whether the case ultimately goes to trial depends on the outcome of the elections.

This article was originally published on NBCNews.com

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