Special counsel Jack Smith laid out the pathway for his election interference case against former President Trump in the wake of the Supreme Court’s immunity decision, describing the former president’s bid to thwart the transfer of power as a “private criminal effort.”
The massive, 165-page filing, unsealed Wednesday, comes after the Supreme Court determined that former presidents retain immunity when exercising core constitutional powers and are presumptively immune for all other official acts.
While the court determined Trump’s pressure campaign at the Department of Justice was immune, it remanded the case back to U.S. District Judge Tanya Chutkan to determine whether the rest of Trump’s actions are protected from prosecution.
“The answer to that question is no,” Smith wrote.
“At its core, the defendant’s scheme was a private criminal effort. In his capacity as a candidate he used deceit to target every stage of the electoral process.”
The monster filing offers a window into the case Smith has assembled against Trump, providing more details about the bulk of evidence assembled by prosecutors than was revealed in their 45-page indictment last year.
In particular, the filing reveals new evidence of the former president’s efforts to sway election officials in key swing states to overturn their states’ election results in his favor.
“When the defendant lost the 2020 presidential election, he resorted to crimes to try to stay in office. With private co-conspirators, the defendant launched a series of increasingly desperate plans to overturn the legitimate election results in seven states that he had lost.”
Trump spokesperson Steven Cheung called the brief “falsehood-ridden” and “unconstitutional,” suggesting it was released after Tuesday’s vice presidential debate to cover up Minnesota Gov. Tim Walz’s “disastrous” vice presidential debate performance against Sen. JD Vance (R-Ohio).
“Deranged Jack Smith and Washington DC Radical Democrats are hell-bent on weaponizing the Justice Department in an attempt to cling to power,” Cheung said. “President Trump is dominating, and the Radical Democrats throughout the Deep State are freaking out. This entire case is a partisan, Unconstitutional Witch Hunt that should be dismissed entirely, together with ALL of the remaining Democrat hoaxes.”
Prosecutors outlined numerous instances where Trump was allegedly informed that his claims he won the election and that widespread fraud plagued the contest were false.
They write that Trump was given “the unvarnished truth” about losing the election but continued to make false claims despite being told they were untrue by close campaign advisers.
By Nov. 7, Trump’s advisers notified him that he would likely lose unless litigation in several states was successful, according to the filing. Later that month, it became apparent the former president’s legal efforts would fail.
Then, in what prosecutors called an “implicit acknowledgment that he had no lawful way to prevail,” Trump sidelined his campaign staff that had been handling the legal challenges and elevated Rudy Giuliani to lead the effort — a private lawyer who was “willing to falsely claim victory” for Trump.
With Giuliani leading Trump’s legal efforts, prosecutors again stressed the falsity of the statements offered in court and to the public, writing that they “repeatedly changed the numbers in their baseless fraud allegations from day to day” and “made up figures from whole cloth.”
The filing also notes that Trump was personally involved in reaching out to state leaders he was pressuring to intervene in the election
As president, the defendant had no official responsibilities related to the states’ administration of “the election or the appointment of their electors, and instead contacted state officials in his capacity as a candidate,” the filing states.
“Tellingly, the defendant contacted only state officials who were in his political party and were his political supporters, and only in states he had lost.”
Updated at 5:20 p.m.
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