The motion came about because Chutkan, in a hurry to try make the most of the attack on Trump, ruled earlier that Trump had no immunity for his actions as president. But she didn't establish any sort of evidence on the dispute. The Supreme Court pointed that out when it confirmed Trump does have various levels of immunity at different times, and it sent the case back to Chutkan.

Smith, appointed by Merrick Garland's Department of Justice to carry out this arm of the lawfare that has been assembled against Trump, submitted his claims now that Trump was a "private" individual for all regards concerning his re-election.

Smith's claims include, "The defendant asserts that he is immune from prosecution for his criminal scheme to overturn the 2020 presidential election because, he claims, it entailed official conduct. Not so. Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one. Working with a team of private co-conspirators, the defendant acted as a candidate when he pursued multiple criminal means to disrupt, through fraud and deceit, the government function by which votes are collected and counted—a function in which the defendant, as President, had no official role," the Gateway Pundit quoted.

In fact, many of Trump's actions and comments were, in fact, as president, not a private individual.

"The Biden-Harris Justice Department waited nearly three years to bring two unprecedented indictments against their bosses' former and future chief political opponent. Federal courts, including the Supreme Court, halted this unprecedented lawfare and obvious election interference."

He added, "Undeterred by these major legal setbacks, the Biden-Harris DOJ and DC Obama Judge Tanya Chutkan are unnecessarily and shamefully releasing a one-sided political story—for the non-crime of objecting to a presidential election just like Democrats did in 1969, 2001, 2005, and 2017—during the height of 2024 presidential election season.

"The American people—not partisan Democrat prosecutors, judges, witnesses, and other operatives in Democrat hellholes like DC—get to decide the presidential election."

He called for Trump, if president in January 2025, to have the DOJ "fully investigate this criminal conspiracy against rights."

The Gateway Pundit reported Smith earlier released part of his filing, "with cherry-picked quotes to do the maximum damage to Trump shortly before the presidential election."

Trump lawyers had pointed out that Smith's filing was four times as long as what normally would be allowed by the court, but that limit was overlooked by Chutkan.

They warned that Smith's allegations and claims, supported or unsupported, would now "enter the dialogue around the nation," just before the election.

WND had reported only hours earlier on a commentary that explained there were multiple suspicious circumstances of that election:

– President Donald Trump set a record for votes, but career political hack Joe Biden got MILLIONS more? That would be millions more votes than the super-popular Barack Obama had gotten previously.

– State and local elections officials repeatedly broke their own state laws to count votes during COVID, including accepting ballots long after the legal deadline had passed.

– Mark Zuckerberg handed out some $400 million to local elections officials to help with deal with election requirements, and those officials often used the flood of cash to recruit Democrat voters, a campaign financing scandal that now is illegal in some states.

– The FBI and other federal agencies, conspiring with major media and tech corporations, falsely claimed that the details about the Biden family scandals documented in Hunter Biden's abandoned laptop were disinformation, and ordered the details suppressed. The scandals were true.

– A later polling showed that had that information been available ordinarily, enough voters would have withheld their support from Joe Biden to cause him to lose the election.

– Multiple lawsuits alleging elections misbehavior simply were tossed by judges who claimed the plaintiffs had no "standing," or valid interest in the alleged wrongdoing, so the actual claims, the merits of the lawsuits, never were addressed.

Even so, Democrats have claimed those who have doubts are "insurrectionists," leftist judges have used those thoughts against those who trespassed at the Capitol in Washington on January 6, 2021, and extremists like Colorado's secretary of state, Jena Griswold, even have campaigned to ban Trump from the ballot over the issue.

Now Julie Kelly, a Real Clear Investigations researcher and writer and self-described "insurrection denier," explains online that those opinions are legitimate.

She wrote, "DOJ and federal judges have made election 'denial' a crime in Washington. J6ers texts and memes about the 2020 election are used as incriminating evidence and reason for excessive sentences. Judges routinely berate J6ers for believing 'lies' from a 'charlatan' that the 2020 election was stolen.

"Except it's not a crime to believe the 2020 election was illegitimate because it was. Two-thirds of Republicans still believe it was an unlawful election; independents have trended in that direction over the past 4 years."

The Washington Examiner said Smith is now accusing a Trump campaign worker of allegedly trying to disrupt operations at a vote counting center in Michigan.

Therefore, Smith claims, "Shortly after election day, the defendant began to target the electoral process at the state level by attempting to deceive state officials and to prevent or overturn the legitimate ascertainment and appointment of Biden's electors."

Smith claims that statements regarding problems with election fraud were "false."

Smith's arguments extend to desperation, as the entire case could collapse if the courts ultimately decide Trump's immunity stands.