Judge Unveils New Evidence About Trump's Actions Around Jan. 6 Capitol AttackExBulletin

Special Counsel Jack Smith delivers remarks on Trump's August 2023 election interference case in Washington, DC Drew Angerer/Getty Images .

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In a newly unsealed court filing, special counsel Jack Smith provides the most detailed picture yet of his criminal case against Donald Trump for allegedly trying to overturn the 2020 election and explains why the former president is not not immune from prosecution.

U.S. District Judge Tanya Chutkan, who is presiding over the case, released the filing, with minor redactions, on Wednesday.

The special prosecutor is using the 165-page document to demonstrate that Trump's actions around the election were done in a private capacity and not in his official role as president.

The move comes after the Supreme Court ruled this summer that presidents enjoy broad immunity for official acts while in office, but not for unofficial acts as a candidate or private citizen.

“When the defendant lost the 2020 presidential election, he resorted to crimes in an attempt to remain in office,” the special prosecutor’s team wrote. “With private accomplices, the defendant launched a series of increasingly desperate plans to overturn the legitimate election results in seven states that he had lost.”

A Washington grand jury indictment charged Trump with actions that culminated in the violent siege of the U.S. Capitol on January 6, 2021. If he reclaims the White House, Trump is expected to order new Justice Department leaders to abandon this historic affair.

Prosecutors accuse Trump of spearheading a plot to overturn the results of the 2020 election and disenfranchise millions of American voters.

“At its core, defendant’s plan was a private criminal effort,” the special counsel wrote. “As a candidate, the defendant used deception to target every step of the election process.”

File offers several new details about Trump's actions

The broad outlines of the special counsel's allegations against Trump have long been known. The filing, however, adds new details, including sensitive testimony from witnesses and notes taken by former Vice President Mike Pence.

It also offers colorful details, largely intended to link Trump to overlapping plots to overturn the 2020 election.

In one section, the filing details what Trump was doing on Jan. 6, 2021, as a violent mob of his supporters stormed the U.S. Capitol. Trump, it is said, sat in the dining room next to the Oval Office around 1:30 p.m. and spent the afternoon checking Twitter on his phone while Fox News played in the background.

At one point, a staffer rushed into the dining room to tell Trump that Pence had been transported to a safe location because of the rioters. The staffer hoped, according to the filing, that Trump would do something to keep Pence safe.

Instead, the document says, Trump “looked at him and only said, 'So what?' » »

The new filing also provides a closer look at Trump's interactions with his former political aide, podcaster Steve Bannon, including a phone call the two men had the day before the Capitol riot, the new court filing says.

Hours later, Bannon told his podcast audience that “all hell” would break loose the next day.

Lawyers for Trump and Smith, the special counsel, had clashed over whether the court filing should be made public, given its potential impact on the 2024 presidential election, where Trump is the Republican nominee .

Ultimately, Chutkan agreed to disclose part of the government's new arguments against the former president, saying the public must understand the court's possible decision on immunity and therefore must have access to the government's arguments.

In response to the post, Trump posted to TruthSocial accusing Democrats of “weaponizing the Justice Department against me because they know I WIN.”

“This is serious PROCEDURAL MISCONDUCT and should not have been disclosed just before the election,” he continued.

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