Prosecutors say Trump 'resorted to crimes' after losing 2020 election

WASHINGTON (AP) Donald Trump laid the groundwork for an attempt to overturn the 2020 election before he even lost, knowingly pushed false claims of voter fraud and resorted to crimes in his failed attempt to cling to the power, according to a court filing unsealed Wednesday that offers new evidence from the landmark criminal case against the former president.

The filing from Special Counsel Jack Smith's team offers the most comprehensive view yet of what prosecutors intend to prove if the case accusing Trump of conspiring to overturn the election reaches trial stage. trial. Although a months-long congressional investigation and the indictment itself have chronicled Trump's efforts to overturn the election in great detail, the filing cites previously unknown accounts offered by Trump's closest aides. by Trump to paint a portrait of an increasingly desperate president who, while losing his grip on the White House, resorted to deception to target every step of the electoral process.

So what? The filing quotes Trump telling an aide after being informed that his vice president, Mike Pence, had been rushed to a safe location after a mob of violent Trump supporters stormed the U.S. Capitol on January 6, 2021 to try to prevent the counting. electoral votes.

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

The brief was made public over objections from Trump's legal teams during the final month of a hotly contested presidential race in which Democrats sought to cast Trump's refusal to accept the election results as his four years ago at the center of their claims that he was unfit for office. The issue arose as recently as Tuesday night during the vice presidential debate when Minnesota Gov. Tim Walz, a Democrat, lamented the violence at the Capitol while a Republican opponent, Ohio Sen. J.D. Vance, declined to answer directly when asked whether Trump lost the 2020 race.

The filing was filed, initially under seal, following a Supreme Court opinion that granted broad immunity to former presidents for official acts they performed in office, a decision that limited the scope of the lawsuits and eliminated the possibility of a trial before next month's elections.

The purpose of this brief is to persuade U.S. District Judge Tanya Chutkan that the offenses charged in the indictment were committed in a private, rather than presidential, capacity by Trump and therefore can remain part of the case as she advances. Chutkan allowed a redacted version to be made public, even though Trump's lawyers argued it was unfair to unseal it so close to the election.

Although the prospects for a trial are uncertain, particularly if Trump wins the presidency and a new attorney general calls for the case to be dismissed, the brief nevertheless functions as a road map for the testimony and evidence that the prosecutors would get in front of a jury. It is now up to Chutkan to decide which of Trump's actions constitute official conduct for which Trump is immune from prosecution and which constitute, in the words of Smith's team, private crimes for which the case can continue.

Although the defendant was the incumbent president during the incriminated plots, his plan was fundamentally private, Smith's team wrote, adding: When the defendant lost the 2020 presidential election, he resorted to crimes in an attempt to stay in power.

Trump campaign spokesman Steven Cheung called the brief allegations false and unconstitutional, as well as repeated and repeated allegations that Smith and Democrats were determined to strong-arm the Justice Department. Trump, in a separate post on his Truth Social platform, said the matter would end in his complete victory.

The filing alleges that Trump laid the groundwork for rejecting the election results before voting was over, telling his advisers that if he held an early lead, he would declare victory before the ballots were counted and a winner is projected.

Immediately after the election, prosecutors say, his advisers sought to sow chaos in the vote count. In one case, a campaign worker described as a Trump co-conspirator was told that results favoring Democrat Joe Biden at a Michigan voting center appeared accurate. The person would have responded: find a reason why this is not the case and give me the opportunity to take legal action.

Prosecutors also alleged that Trump made allegations of fraud when he knew they were false, recounting how he admitted to others that claims of election irregularities made by attorney Sidney Powell were crazy and referred to the science fiction series Star Trek. Still, a few days later, he promoted on Twitter a lawsuit she was about to file.

To demonstrate its apparent indifference to the accuracy of election fraud claims, prosecutors also cite the account of a White House staffer who, after the election, heard Trump tell his wife, his daughter and son-in-law on Marine One: “It doesn't matter if you win or lose the election. You still have to fight like hell.

The filing also includes details of conversations between Trump and Pence, including a private lunch on November 12, 2020, during which Pence reiterated a face-saving option for Trump, telling him: “Don't concede but recognize that the process is completed.

A few days later, at another lunch, Pence urged Trump to accept the election results and run again in 2024.

I don't know, 2024 is so far away, Trump told him, according to the filing.

Prosecutors say that on Dec. 5, the defendant began thinking about Congress's role in the process.

For the first time, he discussed with Pence the possibility of challenging the election results in the House of Representatives, the statement said, citing a phone call.

But, prosecutors wrote, Trump ignored Pence in the same way he ignored dozens of court rulings that unanimously rejected his and his allies' legal actions, and ignored state officials targeted, including those in his own party who publicly declared that he had lost. and that his specific fraud allegations were false.

Pence chronicled some of his interactions with Trump, and his eventual breakup with him, in a 2022 book called So Help Me God. He was also ordered to appear before the grand jury investigating Trump after the courts rejected claims of executive privilege.

Prosecutors also say Trump used his Twitter account to spread false claims of election fraud, attacking those who tell the truth about his loss and urging his supporters to travel to Washington for the Jan. 6, 2021, certification.

They intend to use forensic evidence from Trump's iPhone to provide insight into Trump's actions after the Capitol attack.

Of the more than 1,200 tweets sent by Trump during the weeks detailed in the indictment, prosecutors say, the vast majority were about the 2020 election, including those falsely claiming that Pence could reject voters even if the vice president had told Trump he had no such power. .

This constant stream of misinformation culminated with his speech at the Ellipse on the morning of January 6, 2021, where Trump used these lies to inflame and motivate the large and angry crowd of his supporters to march to the Capitol and disrupt the proceedings certification. prosecutors wrote.

His personal despair was at its peak that morning when he was just hours away from the certification process that sounded the death knell, prosecutors wrote.

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Associated Press writers Jill Colvin and Lisa Mascaro contributed to this report.

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