Judge releases prosecutors' evidence against Trump in Jan. 6 case

A judge has issued a motion detailing new evidence from prosecutors in the Jan. 6 case against Donald Trump. Special counsel Jack Smith's request follows a revised indictment against the former president. Smith argues in the motion that Trump is not immune from criminal charges.

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The federal judge overseeing the election interference case against Donald Trump has released prosecutors' 165-page motion detailing a trove of evidence against the former president.

U.S. District Court Judge Tanya Chutkan made special counsel Jack Smith's request public after Smith and his team hit Trump with a revised indictment in August that upheld the same four counts. accusation against him.

The revised indictment was a response to the United States Supreme Court's recent opinion, which gave presidents broad protection from prosecution for official acts.

Mike Pence. Anna Moneymaker/Getty Images A pressure campaign on the vice president, in Pence's own words

The court documents include an overview of Trump's alleged pressure campaign against his vice president, Mike Pence, and rely heavily on Pence's own memoir.

Pence was a “key part of their plan to obstruct the certification process,” the filing claims.

It repeatedly cites Pence's memoir “So Help Me God” and internal memos in which prosecutors say Trump's co-conspirators “laid out a plan for Pence to 'hammer' Trump as the winner of the 2020 election.”

As part of the plan's failure, Pence would make a false statement that “7 states had transmitted two voter rolls,” the filing said, citing a memo.

Prosecutors say the plan was to have Pence use the fabricated dispute as an excuse to declare Trump the winner.

Pence continued to oppose the plan until late December 2020, even as “the defendant began to directly and repeatedly pressure Pence at the same time as he continued to summon his supporters to rally in Washington, DC, on the day Congress met.” certification,” the filing states.

“You know, I don’t think I have the power to change the outcome,” Pence told Trump, a quote prosecutors draw from and attribute to Pence’s memoir.

On Dec. 28, Trump told Pence that “hundreds of thousands” of people “have gone to hate you,” the filing says, again citing the memoir.

“You’re too honest,” Trump complained, according to Pence.

“I must say that you have done a great disservice,” the filing says, again citing the memoir as evidence that Trump threatened his vice president in a phone call on Jan. 5, a day before certification.

“You’re going to have to be tough tomorrow,” Trump also reportedly warned during another call that evening.

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Thirty minutes later, at 10 p.m., Trump issued a false public statement saying, “The Vice President and I completely agree that the Vice President has the authority to act.” »

Trump knew from Pence's repeated denials that it was a lie, but he said it to apply additional pressure, prosecutors say. At 1 a.m. on Jan. 6, Trump applied even more pressure, tweeting falsely: “If Vice President @Mike_Pence stands up for us, we will win the presidency. »

After his final attempt to pressure Pence failed later that morning, Trump “sent to the Capitol a mob of angry supporters, whom the defendant had summoned to the city and inundated with false claims of pivotal election fraud for the result, to encourage Pence not to pressure Pence.” certify legitimate electoral votes and obstruct certification,” the filing asserts.

President Donald Trump greets Vice President Mike Pence. Glen Stubbe/Star Tribune via Getty Images Trump allies knew their plan was wrong

Prosecutors allege in the filing that Trump and his co-conspirators knew Pence did not have the authority to make Trump president.

At least two co-conspirators knew they had to hide their plot, prosecutors said.

According to the filing, when asked in a text message, “Is Pence really likely to agree with this?” another replied: “Let's keep this out of text for now. »

Smith claims Trump's communications with Pence were unofficial

Prosecutors argued in their motion that Trump's conversations with his then-vice president should not be considered official presidential conduct.

“The only conduct alleged in the original indictment and which the Supreme Court found to be official and subject to at least a rebuttable presumption of immunity was the defendant's attempt to lie and pressure the Vice President Pence for abusing his role as President of the Senate at the time of Congressional certification,” Smith wrote.

“The Supreme Court declared that”[w]Whenever the President and Vice President discuss their official responsibilities, they are engaging in official conduct.

Smith disagreed. The executive branch, they write, has no official role in the election certification process. For this reason, prosecuting Trump “presents no danger to the functioning authority of the executive branch,” prosecutors wrote.

Donald Trump. Win McNamee/Getty Images There is evidence that Trump personally sent the tweet 'Mike Pence had no courage'

Smith said his team was prepared to call a key Trump official to trial who would testify that only Trump could have sent his tweet about the mid-Capitol riots that “Mike Pence didn't have the courage” to call it off the elections.

It is unclear who the staff member in question is, as their name has been redacted.

Smith's most important point is that by proving that Trump himself sent the tweets, it shows that some of Trump's actions were outside the scope of his official duties.

Smith also said the evidence shows Trump knew his claims about election fraud were false.

Smith says Trump continued to lie about allegations of widespread voter fraud, even after Pence and a White House and campaign staffer told him those allegations were not true.

Trump appeared to mock his infamous 'Free the Kraken' lawyer behind his back

Trump lawyer Sidney Powell helped lead efforts to overturn the 2020 election, repeatedly promising a trove of evidence akin to the mythical sea monster the Kraken.

But the prosecutors' court filing suggests Trump mocked Powell privately, although the names in the filing are redacted. The filing alleges that during a phone call, Trump muted the caller, then “mocked and mocked her,” called her claims 'crazy,' and referred to science fiction series Star Trek in describing its allegations.”

From the details given about the redacted name, it appears that the person Trump mocked was Powell.

His claims never held up in court, and Powell and other Trump lawyers have faced formal sanctions for their actions since the Capitol riot.

Smith: Trump's plan to overturn election was not official duty

Ultimately, Smith's filing argues that Trump is not immune from criminal charges related to his efforts to overturn the results of the 2020 election.

“Although the defendant was the outgoing president during the incriminated plots, his project was fundamentally private,” Smith asserts at the top of the lengthy court filing.

While working with a group of “private co-conspirators,” Smith alleges that Trump “acted as a candidate when he used multiple criminal means to disrupt, through fraud and deception, the function of government by in which votes are collected and counted, a function in which the accused, as president, had no official role.

Trump argued that everything he did during the election was part of his official duties as president and therefore he was immune from prosecution.

And Trump campaign spokesperson Steven Cheung criticized the motion and the arguments against Trump in a statement to Business Insider, saying: “The release of the unconstitutional and misleading J6 brief immediately following the disastrous Tim Walz debate is another obvious attempt on Harris' part. The Biden regime will undermine American democracy and interfere in this election. »

Read the full court filing below:

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