Filing lays out details of Trump's attempt to overturn defeat

3/10/2024 6:05

        U.S. prosecutors said
        Donald Trump was acting outside the scope of his duties as
        president when he pressured state officials and then-Vice
        President Mike Pence to try to overturn his 2020 election
        defeat, in a court filing made public on Wednesday.
        
        The 165-page filing is likely the last opportunity for
        prosecutors to detail their case against Trump before the Nov. 5
        election given there will not be a trial before Trump faces
        Democratic Vice President Kamala Harris.
        
        The filing is meant to keep the federal criminal election
        subversion case against the Republican presidential candidate
        moving forward following a July U.S. Supreme Court ruling that
        former presidents have broad immunity from prosecution for their
        official actions in office.
        
        Prosecutors working with Special Counsel Jack Smith laid out
        a sweeping account of Trump's conduct following the 2020
        election, much of which has already been made public through
        news reports, findings from the House committee that
        investigated the Capitol riot or the indictment obtained by
        Smith in the case.
        
        It includes an allegation that a White House staffer heard
        Trump tell family members that "it doesn't matter if you won or
        lost the election. You still have to fight like hell."
        
        Trump has pleaded not guilty to four criminal charges
        accusing him of a conspiracy to obstruct the congressional
        certification of the election, defraud the U.S. out of accurate
        results and interfere with Americans’ voting rights.
        
        Much of the filing focuses on Trump's dealings with
        then-vice president and running mate Mike Pence, who Trump tried
        to pressure into using his official role overseeing Congress's
        Jan. 6, 2021, certification of the election results to overturn
        his defeat.
        
        Trump gave a fiery speech that day before his supporters
        stormed the Capitol, battling police, sending lawmakers running
        for their lives and chanting "hang Mike Pence."
        
        Prosecutors allege that when a White House aide told Trump,
        who was watching news coverage of the riot on TV, that Pence had
        been taken to a secure location, Trump responded "so what?"
        
        Prosecutors said they did not plan to use that interaction
        at trial given the Supreme Court's immunity ruling.
        
        
        
        A WARNING TO PENCE
        
        It also alleges that on Jan. 1, 2021, Trump warned Pence
        that people "are gonna hate your guts" and "think you're stupid"
        if he didn't block certification of Democratic President Joe
        Biden's win.
        
        Trump spokesperson Steven Cheung blasted the disclosures,
        saying, "This entire case is a partisan, Unconstitutional Witch
        Hunt that should be dismissed entirely, together with ALL of the
        remaining Democrat hoaxes."
        
        Trump has rejected this case and multiple other criminal
        prosecutions he faced this year as politically motivated
        attempts to prevent him from returning to power.
        
        The filing presents a detailed narrative of the evidence
        prosecutors intend to use if the case goes to trial, accusing
        Trump of plotting even before the election to declare victory
        prematurely, replacing his campaign legal team when they
        allegedly would not support allegations of voter fraud and
        attempting to "manipulate" Pence into aiding his effort to hold
        onto power.
        
        The filing provides details of conversations with senior
        officials in Trump’s administration including Pence and White
        House chief-of-staff Mark Meadows, who appeared before the grand
        jury during the investigation.
        
        Prosecutors submitted the court filing on Thursday, but U.S.
        District Judge Tanya Chutkan had to approve proposed redactions
        before it was made public.
        
        Pence was identified by name throughout. The names of many
        other members of Trump's administration and state officials he
        targeted are blacked out in the filing, though details of their
        locations and actions make their likely identities clear.
        
        Trump’s lawyers opposed allowing Smith to issue a sweeping
        court filing laying out their evidence, arguing it would be
        inappropriate to do so weeks before the election. They have
        argued the entire case should be tossed out based on the Supreme
        Court’s ruling.
        
        If Trump wins the election, he is likely to direct the
        Justice Department to drop the charges.
        
        Prosecutors also highlighted a Twitter post that Trump sent
        during the Capitol riot saying Pence "didn't have the courage to
        do what should have been done" during the congressional
        certification of the election.
        
        Prosecutors said that post "was not a message sent to
        address a matter of public concern and ease unrest; it was the
        message of an angry candidate upon the realization that he would
        lose power."