We will add to this post as news develops.
BACKGROUND: Special Prosecutor Jack Smith charged Trump in DC Federal Court with inciting the Jan 6 attempted coup. The Supreme Court ruled that Trump was immune from prosecution for OFFICIAL ACTIONS and SCOTUS sent the case back to the Appellate Court for clarification as to what of Trump’s actions were official and immune, or, were unofficial and not immune.
Smith re-filed his indictment and today — Oct 2 — Judge Chutkan of the Appellate Court released most of the text of Smith’s 180-page indictment. The indictment CLEARLY shows Trump (1) talking with non-official people; (2) using private communications systems; (3) encouraging illegal violence; and (4) clearly being the mastermind behind the Jan 6 coup attempt.
We will add to this post as news develops.
Part of the brief focuses, for example, on a social media post that Mr. Trump sent on the afternoon of the attack on the Capitol on Jan. 6, 2021, telling supporters that Vice President Mike Pence had let them all down. Mr. Smith laid out extensive arguments for why that post on Twitter should be considered an unofficial act of a desperate losing candidate, rather than the official act of a president that would be considered immune from prosecution under a landmark Supreme Court ruling this summer.
After Mr. Trump’s Twitter post focused the enraged mob’s attention on harming Mr. Pence and the Secret Service took the vice president to a secure location, an aide rushed into the dining room off the Oval Office where Mr. Trump was watching television. The aide alerted him to the developing situation, in the hope that Mr. Trump would then take action to ensure Mr. Pence’s safety.
Instead, Mr. Trump looked at the aide and said only, “So what?” according to grand jury testimony newly disclosed in the brief.
Much earlier, the brief says, one of Mr. Trump’s lawyers gave him an “honest assessment” that his false claims that the election had been marred by widespread fraud would not hold up in court. But Mr. Trump seemed not to care.
“The details don’t matter,” the brief quotes Mr. Trump as saying.
Around the same time, the brief says, Mr. Pence also sought to convince Mr. Trump he had lost the election. During a private lunch in mid-November 2020, for example, Mr. Pence suggested to Mr. Trump that he accept defeat and run again in the next presidential race, but Mr. Trump did not want to hear about it.
“I don’t know,” the brief quotes him as saying, “2024 is so far off.”
‘Special counsel Jack Smith has outlined new details of former President Donald Trump and his allies’ sweeping and “increasingly desperate” efforts to overturn his 2020 election loss, in a blockbuster court filing Wednesday aimed at defending Smith’s prosecution of Trump following the Supreme Court’s July immunity ruling.
Trump intentionally lied to the public, state election officials, and his own vice president in an effort to cling to power after losing the election, while privately describing some of the claims of election fraud as “crazy,” prosecutors alleged in the 165-page filing.
“When the defendant lost the 2020 presidential election, he resorted to crimes to try to stay in office,” the filing said. “With private co-conspirators, the defendant launched a series of increasingly desperate plans to overturn the legitimate election results in seven states that he had lost.”’
Donald Trump “resorted to crimes” after losing the 2020 election, federal prosecutors said in a court filing unsealed Wednesday that argues that the former president disregarded the advice of his vice president and other aides and is not entitled to immunity from prosecution over his failed bid to remain in power.
The filing was submitted by special counsel Jack Smith’s team 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.
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.
“Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one,” Smith’s team said, adding, “When the defendant lost the 2020 presidential election, he resorted to crimes to try to stay in office.”
Those include efforts to persuade former Vice President Mike Pence to refuse to certify the counting of the electoral votes on the afternoon of Jan. 6, 2021.
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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Much of Smith’s brief focused on Trump’s state of mind in the weeks leading up to the Capitol riot on Jan. 6, 2021. Smith described a slew of conversations showing that the then-president knew his claims of election fraud were spurious. And Smith laid out evidence that Trump’s sole objective was to stay in power — not, as he and his lawyers have claimed, to exercise legitimate authority over election integrity.
Prosecutors said they would prove at trial that Trump and his allies often made up statistics about voter fraud “from whole cloth.” For example, Trump and allies alleged that 36,000 noncitizens had cast ballots in Arizona, changing the figure to “a few hundred thousand” five days later, eventually revising it back to “bare minimum … 40 or 50,000,” then to 32,000 and back up to the original number of 36,000.
Prosecutors, who had more access to telephone records and emails than the congressional committee that investigated Jan. 6, show that Trump spoke to ally Steve Bannon by phone on Jan. 5 less than two hours before Bannon issued a prescient and provocative prediction on his War Room podcast that “all hell is going to break loose” on Jan. 6.
Trump sidelined his campaign lawyers on Nov. 13, 2020, with Bannon informing another Trump campaign adviser — and alleged co-conspirator — that Trump had replaced them in the pecking order with Rudy Giuliani. Bannon said he told Trump that without Giuliani in charge, “this thing is over.” “Trump is in to the end,” Bannon added, according to prosecutors.
More to come. Come back later.