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00:00We're learning more about how special counsel Jack Smith is trying to prosecute his election subversion case
00:05Over former president Donald Trump even after the Supreme Court ruled presidents have brought immunity for actions
00:11They took well in office national correspondent Autra Elnish ours shows us the evidence a judge just made public
00:21Special counsel Jack Smith laying out his case that former president Trump was acting as a candidate not a
00:27President when he allegedly tried to subvert the results of the 2020 election and
00:32Therefore Smith says must stand trial for his private crimes as would any other citizen
00:37US District Court Judge Tanya Chutkan has to assess whether Trump's actions were part of his official duties or not
00:44After the Supreme Court partially sided with Trump's argument that presidents have absolute immunity
00:49Trump reacting to Smith's filing Wednesday night. He's a deranged person. I call him deranged Jack Smith
00:55This was a weaponization of government and that's why it was released
00:5930 days before the election and it's nothing new in there, by the way, nothing new. They rigged the election
01:05I didn't rig the election
01:06But it does contain new evidence the public hasn't seen before that Smith says prove Trump was not acting as president
01:13like a White House staffer
01:14Traveling with the defendant overheard him tell his family members that it doesn't matter if you won or lost the election
01:20You still have to fight like hell
01:22We're also learning how Trump allegedly pressured his then vice president and running mate
01:26Mike Pence Pence told prosecutors when they spoke on November 4th of that year
01:31Trump told him to study up claims of voter fraud in states that they had won together in
01:362016 to determine whether they could bring legal challenges as candidates in those states
01:41The judge has got to decide well, is that official or is that private and if it's official?
01:46She's got to take it out of the indictment
01:48She's got to reboot the whole case and to top it all off the Supreme Court really didn't give much guidance on this
01:53Trump's team will get their chance to respond further delaying a case that already had no chance of concluding before the election
02:00It all gets thrown out
02:01The case is dead on arrival if Trump wins if Trump loses even then this is gonna drag out for years
02:07Most likely it's possible. We learn more even before the election judge. Chuck can may release exhibits
02:13Referenced in this filing like witness statements in the coming days or weeks in Washington. I'm a trail Nishar