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."
When Trump's effort to overturn the election through lawsuits and fraudulent electors failed to change the outcome of the election, prosecutors allege that the former president fomented violence, with prosecutors describing Trump as directly responsible for "the tinderbox that he purposely ignited on January 6."
"The defendant also knew that he had only one last hope to prevent Biden's certification as President: the large and angry crowd standing in front of him. So for more than an hour, the defendant delivered a speech designed to inflame his supporters and motivate them to march to the Capitol," Smith wrote.
The lengthy filing -- which includes an 80-page summary of the evidence gathered by investigators -- outlines multiple instances in which Trump allegedly heard from advisers who disproved his allegations, yet continued to spread his claims of outcome-determinative voter fraud, prosecutors said.
"It doesn't matter if you won or lost the election. You still have to fight like hell," Trump allegedly told members of his family following the 2020 election, the filing said.
According to prosecutors, Trump "laid the groundwork for his crimes well before" Election Day, including by sowing doubt among his supporters and planning to declare victory immediately, despite multiple advisers telling him that the results were unlikely to be finalized on Election Day.
Prosecutors allege that Trump and his allies "sought to create chaos" at polling places -- including one instance when a campaign employee encouraged a colleague to "make them riot" at an ongoing vote count in Detroit -- which the former president later used to support his claims of voter fraud.
"The throughline of these efforts was deceit: the defendant's and co-conspirators' knowingly false claims of election fraud," the filing said.
In addition to outlining the instances when Trump was directly corrected about his allegations of voter fraud, the filing said Trump privately called allegations of voter fraud made by his lawyer Sidney Powell as "crazy" -- despite employing similar arguments to cast doubt on the legitimacy of the election, prosecutors allege... (our emphasis)
From all indications, Trump's intending to follow the same gameplan, with variations based on experience. He needed to be stopped then, he needs to be stopped now.
Read the full filing here (pdf), for new details on the conspiracy that haven't been previously known.
More to follow.
BONUS: from the Factual Proffer (p. 3 of the filing) --
When the defendant lost the 2020 presidential election, he resorted to crimes to try to stay in office. 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—Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin (the “targeted states”). His efforts included lying to state officials in order to induce them to ignore true vote counts; manufacturing fraudulent electoral votes in the targeted states; attempting to enlist Vice President Michael R.Pence, in his role as President of the Senate, to obstruct Congress’s certification of the election by using the defendant’s fraudulent electoral votes; and when all else had failed, on January 6, 2021, directing an angry crowd of supporters to the United States Capitol to obstruct the congressional certification. The throughline of these efforts was deceit: the defendant’s and co-conspirators’ knowingly false claims of election fraud. They used these lies in furtherance of three conspiracies: 1) a conspiracy to interfere with the federal government function by which the nation collects and counts election results, which is set forth in the Constitution and the Electoral Count Act (ECA); 2) a conspiracy to obstruct the official proceeding in which Congress certifies the legitimate results of the presidential election; and 3) a conspiracy against millions of Americans to vote and have their votes counted.
That just about sums it up, with details following.
(Image: via CNN)
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