Lawyers for Mr Trump had asked US district judge Tanya Chutkan earlier this month to throw out the federal election subversion case.
Former President Donald Trump, accompanied by members of his legal team, comments outside a civil business fraud trial in New York on Wednesday
Special counsel Jack Smith’s team responded in papers filed on Thursday that there is nothing in the Constitution, or in court precedent, to support the idea Mr Trump or any other former president cannot be prosecuted for criminal conduct committed while in the White House.Prosecutors wrote: “The defendant is not above the law. He is subject to the federal criminal laws like more than 330 million other Americans, including members of Congress, federal judges, and everyday citizens.
Ms Powell, who was charged alongside Mr Trump and 17 others with violating the state’s anti-racketeering law, entered the plea a day before jury selection was set to start in her trial. But prosecutors rejected that argument on multiple grounds, saying the steps Mr Trump took to stay in power — including by advancing false claims of voter fraud in an effort to block the formal counting of electoral votes — are well outside Oval Office duties and responsibilities.
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