Donald Trump laid the groundwork to try to overturn the 2020 election even before he lost, knowingly pushed false claims of voter fraud and “resorted to crimes” in his failed bid to cling to power, according to a newly unsealed court filing from prosecutors that lays out fresh details from the landmark criminal case against the former president.
The filing from special counsel Jack Smith’s team offers the most comprehensive view to date of what prosecutors intend to prove if the case charging Trump with conspiring to overturn the election reaches trial. Though a months-long congressional investigation and the indictment itself have chronicled in stark detail Trump’s efforts to undo the election, the new filing cites previously unknown accounts offered by Trump’s closest aides to paint a portrait of an “increasingly desperate” president who while losing his grip on the White House “used deceit to target every stage of the electoral process.”
“So what?” the filing quotes Trump as telling an aide after being alerted that his vice president, Mike Pence, was in potential danger after a crowd of violent supporters stormed the U.S. Capitol on Jan. 6, 2021.
“The details don’t matter,” Trump said, when told by an adviser that a lawyer who was mounting his legal challenges wouldn’t be able to prove the false allegations in court, the filing states.
The filing was submitted, initially under seal, following a Supreme Court opinion that conferred broad immunity on former presidents for official acts they take in office, narrowing the scope of the prosecution charging Trump with conspiring to overturn the results of the election he lost to Democrat Joe Biden.
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The purpose of the brief is to convince U.S. District Judge Tanya Chutkan that the offenses charged in the indictment are private, rather than official, acts and can therefore remain part of the indictment as the case moves forward. Chutkan permitted a redacted version to be made public.
“Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one,” Smith’s team wrote, adding, “When the defendant lost the 2020 presidential election, he resorted to crimes to try to stay in office.”
Trump campaign spokesman Steven Cheung called the brief “falsehood-ridden” and “unconstitutional” and repeated oft-stated allegations that Smith and Democrats were “hell-bent on weaponizing the Justice Department in an attempt to cling to power.”
“The release of the falsehood-ridden, Unconstitutional J6 brief immediately following Tim Walz’s disastrous debate performance is another obvious attempt by the Harris-Biden regime to undermine American Democracy and interfere in this election.”
The filing includes details of conversations between Trump and Pence, including a private lunch the two had on Nov. 12, 2020, in which Pence “reiterated a face-saving option” for Trump, telling him, “don’t concede but recognize the process is over,” according to prosecutors.
In another private lunch days later, Pence urged Trump to accept the results of the election and run again in 2024.
“I don’t know, 2024 is so far off,” Trump told him, according to the filing.
But Trump “disregarded” Pence “in the same way he disregarded dozens of court decisions that unanimously rejected his and his allies’ legal claims, and that he disregarded officials in the targeted states — including those in his own party — who stated publicly that he had lost and that his specific fraud allegations were false,” prosecutors wrote.
Trump’s “steady stream of disinformation” in the weeks after the election culminated in his speech at the Ellipse on the morning of Jan. 6, 2021, in which Trump “used these lies to inflame and motivate the large and angry crowd of his supporters to march to the Capitol and disrupt the certification proceeding,” prosecutors wrote.
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