The Supreme Court ruling stated that a US president is immune from “official acts” committed in his capacity as the country’s president, posing a major obstacle to the many lawsuits against Trump. The former president was initially charged over his efforts to overturn the 2020 election August 2023but after the Supreme Court ruling, Smith filed charge replaced, more than a year later, taking into account the expansion of immunity.

In his 2020 call to Raffensperger, Trump said asked the Georgian Secretary of State “to find 11,780 votes, which is one more than we have, because we won the state.” In his legal filing, Smith argues that the phone call was “purely a private conversation that (Trump) made as a candidate and plaintiff in a lawsuit,” noting that a federal district court had already determined it was a “campaign call.” . than official business.”

Also Smith’s application points out“Under the Constitution, the executive branch has no constitutionally assigned role in the state election process. On the contrary, the constitutional framework excludes the president from that process to protect against electoral abuse.”