Five takeaways from the key issue in the Trump 2020 election case

Reuters

Trump is accused of working to “exploit” a riot at the United States Capitol on January 6, 2021.

Donald Trump's alleged criminal efforts to overturn his defeat in the 2020 US election are detailed in 165 pages of a new filing from the federal prosecutor investigating him.

The filing, released by a judge Wednesday, details how special prosecutor Jack Smith would pursue his case if it ever went 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 could not be prosecuted for official acts performed as president, forcing Mr. Smith to modify his historical argument and assert that Trump had committed crimes as a private citizen.

Trump denies any wrongdoing in trying to block Joe Biden's certification as the election winner and his campaign called the document “untruthful.”

The judge in the case gave Trump's team until November 7 – two days after the presidential election – to respond to the latest filing.

Here are five key points detailed in the prosecutor's arguments and evidence released Wednesday.

1) Trump planned to claim victory no matter what

It doesn’t matter if you won or lost the election,” Trump reportedly said at one point after the election. “You always have to fight like hell.

The filing cites those comments — reported by an anonymous aide who overheard Trump speaking to his family — as evidence that he was trying to overturn the result.

And the document says Trump laid the groundwork for a challenge to the election even before Election Day.

It alleges that the Republican was informed that the results would not be known on the day most Americans cast ballots, but that he could have an early advantage before his Democratic rivals benefited from mail-in voting, the count of which took more time.

Due to the Covid-19 pandemic, many voters voted by mail.

Trump reportedly told his advisers that he would “simply declare victory before all the ballots are counted and a winner is projected.”

The former president's allies clearly understood what that meant, according to the filing.

“He's going to declare victory. That doesn't mean he's the winner, he's just going to say he's the winner,” a Trump adviser reportedly said at a private gathering of his supporters.

2) He thought others' fraud claims were “crazy”

The filing shows how Trump allegedly carried out his plan to claim victory in several battleground states before votes were fully counted, spreading false claims of fraud.

However, he would have described as incredible the allegations of fraud made by some of his allies.

The filing quotes him telling aides that an unnamed lawyer — who appears to be Sidney Powell — was making “crazy” claims, which he compared to the science fiction series Star Trek.

“Nevertheless, the defendant continued to support and publicize” these claims, the document states.

On another occasion, a White House official reportedly told Trump that his personal lawyer, Rudy Giuliani, would not be able to prove his theories about election fraud in court.

“The details don’t matter,” he reportedly replied.

3) Pence repeatedly told Trump to move on

The world witnessed the deep rift between Pence and Trump that developed after the election. The filing includes new details about how their relationship allegedly deteriorated.

Mr. Smith claims that because they interacted as running mates in the election, Trump's communication with his vice president does not count as an official act.

Pence, according to the filing, tried “gradually and gently” to convince Trump to accept the election results, “even if it meant they lost.”

As Trump continued to spread false claims of fraud and file lawsuits, Pence reportedly suggested a face-saving option on November 12: “Don't concede but acknowledge that the process is over.”

Days later, he encouraged Trump to accept defeat and run again in four years, to which Trump reportedly responded, “I don't know, 2024 is that far away.” »

Finally, on January 1, 2021, Trump reportedly told Pence that “hundreds of thousands” of people “are going to think you're stupid” for wanting to acknowledge their loss.

Less than a week later, Trump supporters called for Pence to be hanged as they stormed the U.S. Capitol building during the January 6 riot, because he planned to sign victory Biden's election. Pence fled to safety in a parking lot.

The filing says that when Trump was informed that Pence might be in danger, he allegedly asked, “So what?”

Reuters/Shannon Stapleton

Trump supporters attacked the US Capitol building on January 6, 2021.

4) Campaign staff created “chaos” during vote counting

Mr. Smith's team says Trump's campaign sowed “chaos” in battleground states that risked sparking violence.

When a large number of votes in the Democratic stronghold of Detroit, Michigan, appeared to give Biden the lead, a Trump campaign worker reportedly told his colleague to “find a reason” that something was wrong not at their house.

The colleague then suggested that this could cause unrest.

According to the filing, the officer responded, “Give them a riot.”

Campaign officials in another swing state, Pennsylvania, reportedly instigated clashes, which were then used to claim that observers did not have adequate legal access to the vote count.

5) Trump sought to “exploit” the Capitol riot

Prosecutors say Trump incited the Jan. 6 riot at the Capitol by telling the crowd “many of the same lies he had been telling for months.”

In a speech that morning in Washington, Trump “made clear that he expected his supporters to take action,” according to the filing.

Mr. Smith has made this allegation before, but now he says Trump attracted his supporters as a political candidate, not president, and that his speech was part of a rally.

His team says Trump “ordered his supporters to the Capitol and suggested he would accompany them” to provoke further action.

Then, Trump and his allies reportedly sought to “exploit the violence and chaos at the Capitol” to try to delay certification of the election.

Trump watched the riot unfold on Twitter and Fox News, the filing says, citing information from his phone and former White House staffers. He also allegedly used social media to target Pence and repeatedly “refused” requests from his advisers to “send a calming message and make efforts to stop the riot.”

Learn more about the US elections

North American correspondent Anthony Zurcher makes sense of the race for the White House in his weekly newsletter US Election Unspun.

UK readers can subscribe here. Those outside the UK can register here.

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