Five takeaways from new filing in Trump election case
Donald Trumpâs alleged criminal efforts to overturn his 2020 US election defeat are described in detail across 165 pages of a new filing from the federal prosecutor investigating him.
The filing, released by a judge on Wednesday, lays out in depth how Special Counsel Jack Smith would pursue his case if it ever comes to trial, which is uncertain. Since Trump is expected to end the prosecution if he returns to the White House, Mr Smith may never be able to make an opening statement or call a witness.
The Supreme Court ruled this summer that Trump cannot be prosecuted for official acts carried out as president, forcing Mr Smith to change the historic case and argue that Trump committed crimes as a private citizen.
Trump denies any wrongdoing in trying to deny Joe Bidenâs certification as the electionâs winner and his campaign called the document âfalsehood-riddenâ.
Here are five key points detailed in the prosecutorâs arguments and evidence released on Wednesday.
1) Trump planned to claim victory no matter what
âIt doesnât matter if you won or lost the election,â Trump allegedly said at some point after the election. âYou still have to fight like hell.â
The filing cites these comments â reported by an unnamed assistant who overheard Trump speaking to his family â as evidence he was trying to overturn the result.
And the document says Trump laid the groundwork for challenging the election even before polling day.
It alleges the Republican had been told that the results would not be known on the day that most Americans voted â but that he might have an early edge before rival Democrats benefited from mail-in voting, which took longer to count.
Because of the Covid-19 pandemic, many voters had voted by mail.
Trump allegedly told advisers that he would âsimply declare victory before all the ballots were counted and any winner was projectedâ.
The former presidentâs allies were clear on what that meant, according to the filing.
âHeâs going to declare victory. That doesnât mean heâs the winner, heâs just going to say heâs the winner,â a Trump adviser is quoted telling a private gathering of his supporters.
2) He thought othersâ fraud claims were âcrazyâ
The filing shows how Trump allegedly carried out his plan to claim victory in several battleground states before votes were fully tallied by spreading false claims of fraud.
Yet he is said to have characterised fraud claims made by some of his allies as unbelievable.
The filing quotes him telling aides that one unnamed lawyer â who appears to be Sidney Powell â was making âcrazyâ claims, which he likened to sci-fi series Star Trek.
âNonetheless, the defendant continued to support and publiciseâ such claims, the document says.
On another occasion, a White House official reportedly told Trump that his personal lawyer, Rudy Giuliani, would not be able to prove his election fraud theories in court.
âThe details donât matter,â he reportedly replied.
3) Pence repeatedly told Trump to move on
The world has seen the deep rift between Pence and Trump that developed after the election. The filing includes new details on supposedly how their relationship deteriorated.
Mr Smith argues that since they interacted as election running mates, Trumpâs communication with his vice-president did not count as an official act.
Pence, according to the filing, âgradually and gentlyâ tried to convince Trump to accept the election results, âeven if it meant they lostâ.
As Trump continued spreading false fraud claims and filing legal challenges, Pence reportedly suggested on 12 November a âface-saving optionâ: âDonât concede but recognize the process is over.â
Days later, he encouraged Trump to accept the loss and run again in four years, to which Trump supposedly responded: âI donât know, 2024 is so far off.â
Eventually, on 1 January 2021, Trump allegedly told Pence that âhundreds of thousandsâ of people âare gonna think youâre stupidâ for wanting to acknowledge their loss.
Less than a week later, Trump supporters called for Pence to be hanged as they stormed the US Capitol building in the 6 January riot, because he planned to sign off on Bidenâs election win. Pence fled to safety in a parking garage.
The filing says that when Trump was informed Pence might be in danger, he allegedly asked: âSo what?â
4) Campaign staff created âchaosâ during vote count
Mr Smithâs team alleges Trumpâs campaign sowed âchaosâ in battleground states that risked triggering violence.
When a large batch of ballots in the Democratic stronghold of Detroit, Michigan, seemed to put Biden ahead, a Trump campaign operative allegedly told his colleague to âfind a reasonâ that something was wrong with them.
The colleague then suggested that could cause unrest.
According to the filing, the operative answered: âMake them riot.â
Campaign officials in another swing state, Pennsylvania, allegedly provoked confrontations, which were then used to claim that observers were not given proper legal access to the vote counting.
5) Trump sought to âexploitâ the Capitol riot
The prosecutors allege that Trump incited the 6 January Capitol riot by telling a crowd âmany of the same lies he had been telling for monthsâ.
In a speech in Washington that morning, Trump âmade clear that he expected his supporters to take actionâ, according to the filing.
Mr Smith has made this allegation before, but he now contends that Trump fired up supporters as a political candidate, not president, and the speech was part of a rally.
His team argues that Trump âdirected his supporters to go to the Capitol and suggested he would go with themâ to provoke further action.
Then, Trump and his allies allegedly sought to âexploit the violence and chaos at the Capitolâ to try to delay the election certification.
Trump watched the riot unfold on Twitter and Fox News, says the filing, citing information from his phone and former White House staff. He also allegedly used social media to target Pence and repeatedly ârefusedâ advisersâ requests to âissue a calming message and make efforts to stop the riotâ.
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- DISINFO: Pro- and anti-Trump voters united by one belief
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North America correspondent Anthony Zurcher makes sense of the race for the White House in his weekly US Election Unspun newsletter.
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