Special counsel Jack Smith’s team argues that Trump's actions after the 2020 election were fundamentally private, not official, and therefore outside presidential immunity.
The brief states that when Trump lost the election, he resorted to crimes in an effort to stay in power, undermining the electoral process.
Pence warned Trump multiple times during private discussions about accepting the election results, highlighting Trump's disregard for sound advice in favor of his personal ambitions.
The court filing suggests that Trump's conspiracy to overturn the election results involved influencing Pence and was characterized as a concerted effort to defy the democratic process.
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