Speaking to CNN's Kaitlan Collins on Monday night, Will Scharf, an attorney for the former president, laid out the next steps for special counsel Jack Smith's case following the U.S. Supreme Court ruling that former presidents have absolute immunity for their official acts but no immunity for private acts.
In a federal indictment filed in August, Trump is facing four charges pertaining to his alleged attempt to overturn the results of the 2020 election. He has denied all wrongdoing.
Trump's team is alleged to have created and submitted fraudulent certificates to falsely claim Trump had won the Electoral College vote in certain states to disrupt President Joe Biden's victory.
Speaking to Collins, Scharf said that Smith's "case should be dismissed" because it concerns official acts not private ones.
"We've admitted consistently that there are acts alleged in the indictment that would constitute private conduct but we believe that if the official conduct, the immune acts in the indictment are stripped away, that Jack Smith doesn't have a case, that this case should be dismissed on that basis," he said.
When pressed by Collins whether using a "false slates of electors" would constitute enough for a trial, Scharf denied that the Trump team had used false slates and said using "alternate slates" was an "official act."
He said: "We would say alternate slates of electors and as we argued before the Supreme Court, alternate slates of electors have been a method used by previous presidents."
He continued: "We believe the assembly of those alternate slates of electors was an official act of the presidency."