Special counsel reveals Trump's efforts to overturn the 2020 election
4 Min Read
A recently unsealed court filing contends that the former president is not entitled to immunity from prosecution.
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Republican presidential nominee former President Donald Trump speaks at a campaign event on September 28, 2024, in Prairie du Chien, Wis. (AP)
Federal prosecutors stated in a recently unsealed court document that Donald Trump "resorted to crimes" in an unsuccessful attempt to maintain power after losing the 2020 election.
The filing, revealed on Wednesday, was submitted by special counsel Jack Smith's team in response to a Supreme Court ruling that granted former presidents extensive immunity and limited the prosecution's scope.
According to the report, Trump's legal team has often utilized delaying tactics across his multiple legal challenges, a strategy that has proven effective.
The 165-page filing is likely the final chance for prosecutors to present their case against Trump before the November 5 election, as there will be no trial before he faces Democratic Vice President Kamala Harris.
What does the court filing include?
The document outlines allegations, including a claim that a White House staffer overheard Trump telling family members that regardless of winning or losing the election, “You still have to fight like hell.” Additionally, the new filing references previously unknown testimonies from Trump’s closest aides, portraying him as an “increasingly desperate” president who, while losing control of the White House, resorted to deceit to manipulate 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 US Capitol on January 6.
“The details don’t matter,” Trump said, when told by an advisor that a lawyer who was mounting his legal challenges would not be able to prove the false allegations in court, the filing states.
The filing includes details of conversations between Trump and Pence, including a private lunch the two had on 12 November 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, saying “I don’t know, 2024 is so far off,” Trump told him, according to the filing.
However, Trump “ignored” Pence “just as he dismissed numerous court rulings that unanimously rejected his and his allies' legal claims, and as he overlooked officials in key states—many from his party—who publicly affirmed his loss and declared his specific fraud allegations to be false,” the prosecutors stated.
“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.”
Evidence supporting Trump's criminal charges
Trump has pleaded not guilty to four criminal charges, which include conspiracy to obstruct the congressional certification of the election, defrauding the US by undermining accurate election results, and interfering with US voting rights.
Prosecutors collaborating with Smith presented their evidence to argue that the remaining allegations against Trump are unaffected by the US Supreme Court's ruling, which grants former presidents broad immunity from criminal prosecution for actions taken while in office.
They indicated that the filing will include new evidence, such as transcripts from witness interviews and grand jury testimony; however, much of this material will remain confidential until the trial.
Senior officials from Trump’s administration, including former Vice President Mike Pence and former White House Chief of Staff Mark Meadows, testified before the grand jury during the investigation. Prosecutors submitted the court filing on Thursday, which required approval from US District Judge Tanya Chutkan for the proposed redactions before it could be made public.
Trump's lawyers opposed allowing Special Counsel Smith to submit a comprehensive court filing detailing their evidence, claiming it would be inappropriate so close to the election. They argue that the entire case should be dismissed in light of the Supreme Court’s ruling.
According to the report analysis, should Trump emerge victorious in the upcoming election, he is expected to instruct the Justice Department to dismiss the charges against him.
