Special Counsel says Trump not immune from prosecution

WASHINGTON (NEXSTAR) - A D.C. court released new evidence about former president Donald Trump's efforts to try and change the outcome of the 2020 election.

The special counsel argues Trump was acting not as president but as a candidate.

Former president Donald Trump argues Democrats are trying to use the courts to influence the election.

In a NewsNation exclusive, Trump responded to a new court filing from special counsel Jack Smith.

“This was a weaponization of government. And that's why it was released 30 days before the election,” said Trump.

D.C. federal judge Tanya Chutkan unsealed the document on Wednesday.

The special counsel's office filed the 180-page document to try and keep the election interference case against Trump alive after the Supreme Court ruling in the case.

The high court says Trump is immune from prosecution for official acts as president.

Prosecutors tried to argue Trump's actions to try to overturn the election were unofficial.

“They rigged the election. I didn't rig the election. They rigged the election,” said Trump.

Prosecutors say Trump "resorted to crimes to try to stay in office" after the 2020 election.

They argue his speech at the Ellipse on January 6th was a campaign event.  They say donors paid for it and Trump walked out to Lee Greenwood's "God Bless the U.S.A.” not "Hail to the Chief."

They also say his conversations to pressure Mike Pence to stop certification of the election were “as running mates,” not president and vice president. 

At the White House on Thursday, President Joe Biden refused to weigh in.

“I'll let Jack Smith make that case,” said Biden.

Judge Chutkan has not said when she will rule but the case is certain to drag on well past the election.