Donald Trump responds to new Jack Smith court filing

Former President Donald Trump responded Wednesday afternoon after U.S. District Judge Tanya Chutkan released a lengthy filing from special counsel Jack Smith in her investigation into Trump's alleged attempts to interfere with the transfer of power after the 2020 elections.

Smith's brief, filed last week but made public Wednesday, aims to convince Chutkan, who is overseeing the federal election subversion case, that Trump's alleged offenses are private rather than official acts and therefore can remain in the indictment.

“Although Defendant was the incumbent President during the accused plots, his scheme was fundamentally private,” Smith's brief brief reads. “When the defendant lost the 2020 presidential election, he resorted to crimes in an attempt to stay in power.”

Trump, the Republican presidential nominee, has pleaded not guilty to all charges and said the case was politically motivated against him.

Trump continued these claims Wednesday afternoon when he responded to the new filing on Truth Social. He also appears to allege that the release coincided with Tuesday night's vice presidential debate between his running mate, Ohio Sen. JD Vance, and Democrat Tim Walz.

“Releasing this unconstitutional and misleading J6 brief immediately after Tim Walz's disastrous debate performance, and 33 days before the most important election in our nation's history, is another clear attempt by the Harris-Biden regime to undermine and weaponize American democracy and INTERFERENCE IN THE 2024 PRESIDENTIAL ELECTION,” Trump said.

“The deranged Jack Smith, the hand-picked prosecutor of the Harris-Biden Justice Department, and the radical left Democrats based in Washington, DC, are FULLY committed to continuing to weaponize the Justice Department for the purpose of to cling to power. “TRUMP” is dominating the election cycle, leading in the polls, and radical Democrats across the deep state are totally “freaked out.” which should be dismissed entirely, just as the Florida case was dismissed!

Former President Donald Trump speaks in Milwaukee on October 1. Trump responded Wednesday to the new filing by Jack Smith. Former President Donald Trump speaks in Milwaukee on October 1. Trump responded Wednesday to the new filing by Jack Smith. Getty Images/AFP

In another article published Wednesday on Truth Social, Trump said that “Democrats are weaponizing the Justice Department against me because they know I WIN, and they are desperate to support their failing candidate, Kamala Harris.” The DOJ pushed back on this latest “blockbuster work.” ' today because JD Vance humiliated Tim Walz last night during the debate. The DOJ has become nothing more than an extension of Joe's, and now Kamala's, campaign. The Democratic Party is turning America into a third world country that attempts to censor, harass and intimidate its political opponents. What they did to our justice system is one of the greatest tragedies of all time….”

It should be noted that Smith's case was filed on September 26 and unsealed on Wednesday by Chutkan, not the Justice Department.

Newsweek emailed the Biden administration and the Harris-Walz campaign for comment Wednesday evening.

The former president faces four counts in the DOJ's case against him in Washington, D.C., after he allegedly tried to overturn President Joe Biden's 2020 election victory.

On January 6, 2021, Trump supporters stormed the United States Capitol in an unsuccessful attempt to stop Congress from certifying Biden's election victory. The riot erupted over Trump's repeated claims that the election was stolen by widespread voter fraud, although there is no evidence of this. Trump has pleaded not guilty to all charges and claimed the case was politically motivated against him.

Following the Supreme Court's July 1 ruling that former presidents receive immunity for official acts performed while in office, but not for unofficial acts, Smith updated the act Trump's initial indictment and a grand jury re-indicted the former president last month.

The superseding indictment removes some specific allegations against Trump. However, the former president is still charged with the same four counts as in the original indictment filed in August 2023: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding , obstruction and attempted interference with an official proceeding, and conspiracy against rights.

Read the full 165-page filing, with redactions, here.

Smith's memoir says Trump's vice president, Mike Pence, told him “he saw no evidence of decisive fraud in the election” and tried to convince Trump to accept his election defeat of 2020.

Trump, however, “ignored” Pence “in the same way he ignored dozens of court rulings that unanimously rejected his and his allies' legal claims, and ignored those responsible for the targeted states – including those in his own party – who publicly stated that he had lost and that his specific fraud allegations were false,” the brief reads.

While an extensive months-long congressional investigation and the charging document clearly exposed Trump's attempts to overturn the election results, the filing introduces new narratives provided by top aides of Trump. These accounts paint a picture of a president “increasingly desperate” and resorting to “deception to target every step of the electoral process” as his grip on the presidency diminished.

“So what?” The filing quotes Trump telling an aide after being alerted that Pence was in potential danger on January 6, 2021.

The filing also says Trump said, “The details don't matter,” when an adviser told him that a lawyer launching his legal challenges would not be able to prove the false allegations in court .

Updated 10/24/24, 7:37 p.m. ET: This article has been updated with additional information.

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