In a recently revealed court document, government prosecutors have alleged that ex-President Donald Trump used unlawful methods to try to retain power after losing the 2020 election. On Wednesday, a 165-page document was released, offering a clear overview of special counsel Jack Smith’s strategy to argue against Trump. It emphasizes Trump’s actions as a private individual, not as the president, in his attempts to overturn the election results.
The court submission, presented to a U.S. District Court, offers fresh information regarding Trump’s conduct, discussions, and purported plots he and his associates carried out to impede the confirmation of Joe Biden’s win. Trump’s legal team has criticized the Department of Justice (DoJ) for releasing the document shortly before the 2024 election, accusing them of political interference.
Based on a Supreme Court ruling that exempts past presidents from prosecution for official acts taken while in office, Trump’s claim of presidential immunity is the main emphasis of the filing. However, Smith’s team argues that Trump’s attempts to sabotage the election were motivated by his campaign and interests rather than his formal duties as president.
The prosecution argues that although Trump is still officially the president, he behaved as a candidate for reelection by spreading untrue voter fraud allegations and trying to stop Congress from certifying the Electoral College results.
The document stated: “After losing the 2020 presidential election, the defendant turned to illegal activities in an attempt to remain in power,” alleging that Trump implemented “a sequence of more desperate strategies to overturn the valid election outcomes in seven states he had not won—Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin.”
The newly disclosed information highlights the important involvement of ex-Vice President Mike Pence, detailing his efforts to persuade Trump to acknowledge his loss. During a lunch meeting on November 12, 2020, Pence reportedly proposed a way for Trump to save face by suggesting that he could “reject conceding but acknowledge that the process has concluded.” According to the filing, Trump refused to heed the advice and persisted in promoting baseless allegations of voter fraud.
The prosecutors argue that Pence’s involvement in these discussions should be allowed in court, as many of the talks between Trump and Pence were not related to their official responsibilities, but were personal conversations between running mates in the 2020 campaign.
The document also examines Trump’s purported actions and inactions on January 6, 2021, the day of the Capitol riot. It describes how Trump reacted with apathy when he found out Pence had been taken to a safe location for protection, reportedly saying, “What does it matter?” The paper states that Trump attempted to use the Capitol chaos to his advantage, instructing his team to persuade lawmakers to prevent the election results from being certified.
Prosecutors are allegedly attempting to influence the 2024 presidential race, in which Trump is running against Democratic Vice President Kamala Harris, according to Trump’s legal team, who also challenged the filing’s timeliness. According to a Trump campaign official, the submission was full of false information and violated the Constitution, to hurt Trump’s chances in the next election.
Although the court case may be postponed until after the 2024 election, the latest information in this document outlines the prosecution’s strategy for presenting their argument. Should he be found guilty, Trump could be subject to severe legal repercussions, despite consistently denying any misconduct and asserting that the 2020 election was “rigged.”
The political and legal consequences of this case are significant due to the upcoming U.S. presidential election. Depending on the 2024 vote results, Trump might be tried or see the case dismissed.
