Trump 'resorted to crimes' to stay in power after 2020 defeat, says Jack Smith's team

WASHINGTON Former President Donald Trump was fundamentally acting as a private candidate and not as president of the United States when he sought to overturn his 2020 election defeat, special counsel Jack Smith's team argued in a filing Wednesday that revealed new details of the project go to the heart of the case of Trump's interference in the federal election.

The filing claims that Trump knew that the claims he was spreading about the 2020 election were lies, with Smith's team saying that Trump did not believe his own lies but instead spread them as part of his more wide to stay in power.

As officers were being brutally assaulted at the U.S. Capitol on Jan. 6, 2021, according to Smith's team, Trump was scrolling through Twitter, according to an analysis by an FBI expert that is among the new dossier's revelations. Smith's team says a future trial would feature testimony from the FBI forensic expert.

“Phone activity logs show that the defendant was using his phone, and particularly the Twitter application, consistently throughout the day after returning from the Ellipse speech,” Smith's team wrote.

The special counsel's office is also arguing for the inclusion of testimony from former Vice President Mike Pence, saying some of the discussions between Trump and Pence did not take place in the course of their official duties, but rather as part of of their private capacities as running mates.

Smith's team said Pence “gradually and gently tried to convince the defendant to accept the legal results of the election, even if it meant he lost.”

During a Nov. 12 lunch discussion recounted in the filing, Pence presented a “face-saving option” for Trump, telling him to “not give in but recognize that the process is over.”

The filing also says that when Trump was informed that Pence needed to be rushed to a safe location after Trump attacked him on January 6 for refusing to help overturn the election, he responded with two words: So what?

Another piece of evidence Smith's team plans to present is testimony from an anonymous aide to the president who overheard a remark Trump made to family members aboard Marine One after the 2020 election.

It doesn't matter if you won or lost the election,” Trump reportedly said. “You still have to fight like hell.

The filing also expands on the Smith team's previous claim that a member of the Trump campaign encouraged riots at the TCF Center in Detroit, where a pro-Trump crowd attempted to stop the vote count in what was the largest majority-black city in the United States on November 1. January 4, 2020, the day after the election. “Give them a riot,” an anonymous campaign worker texted a colleague, according to the filing. “Do it!!!”

The filing is a response to the Supreme Court's ruling that Trump had immunity for certain actions he took as president and that prosecutors could not use his official actions in their case. Smith's team argued that Trump “must be tried for his private crimes like any other citizen,” and a federal grand jury returned an indictment against him in August, adjusting Smith's case to comply with the order of the Supreme Court.

Trump “resorted to crimes in an attempt to stay in power” after his defeat, Smith's team wrote in Wednesday's filing, arguing that he launched “a series of increasingly desperate plans to undo the legitimate election results in seven states he lost: Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania and Wisconsin.

In his first public remarks after the filing, Trump said: “There's nothing new about this, for that matter, nothing new.”

“They rigged the election. I wasn't the one who rigged the election,” Trump said in an interview with NewsNation. “They should never have allowed the information to be made public. But they did it because they want to harm you with the elections. This is pure election interference.”

Smith's team once again argued that Trump knew his lies about the 2020 election were actually lies and said he relied on his own campaign employees and volunteers, including his manager campaign manager, his deputy campaign manager, his senior campaign advisor and a campaign agent. to carry out the alleged scheme.

“Working with a team of private co-conspirators, the defendant acted as a candidate when he used multiple criminal means to disrupt, through fraud and deception, the government function by which votes are collected and counted, a function in which the accused, as president, had no official role,” they wrote.

Trump, Smith's team said, was informed that election night results could be misleading because it would take some time to count mail-in ballots, which were expected to favor Joe Biden. Trump, according to Smith's team, told his advisers that he would “simply declare victory before all the ballots are counted and a winner is projected” and publicly began laying the groundwork by telling his supporters that he would only lose if there was fraud.

Trump and his co-conspirators had a “willful disregard for the truth,” and Smith's team said it intends to prove at trial that they engaged in a pattern of deception and they “invented numbers from scratch,” including the ever-changing number. non-citizen voters that Trump's team falsely claimed to have voted in Arizona.

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