(Scypre.com) – Federal prosecutors have presented their most comprehensive case against former President Donald Trump regarding his efforts to overturn the 2020 election. This development comes as a 165-page legal brief, unsealed by a federal judge, was revealed on Wednesday. The case outlines special counsel Jack Smith’s investigation into Trump’s actions, particularly his attempts to pressure state officials and promote false claims of widespread election fraud, which prosecutors argue Trump knew were untrue.
Key details from the brief highlight Trump’s strained relationship with former Vice President Mike Pence, the FBI’s evidence of Trump’s phone activities on January 6, 2021, and internal conversations with his family and advisers during the election aftermath. Notably, the brief outlines Smith’s argument that Trump’s actions were not official duties of the presidency but rather efforts made as a political candidate, meaning he is not protected by the presidential immunity the Supreme Court granted in July.
“When the defendant lost the 2020 presidential election, he resorted to crimes to try to stay in office,” Smith wrote in the brief. Prosecutors argue that Trump operated in a private capacity using his campaign infrastructure to overturn election results. They claim that Trump’s post-election schemes were carried out not as a sitting president but as a candidate attempting to regain power.
The brief also details a number of witnesses who testified before a federal grand jury, providing evidence about Trump’s actions on and before January 6. The release of the document, which was previously sealed, marks a significant point in Smith’s prosecution as the former president campaigns for the 2024 election. This case, already scrutinized by the Supreme Court, has seen multiple delays as Trump’s legal team attempts to postpone prosecution until after the election.
The 165-page brief is structured into four sections, each outlining various aspects of the case, including evidence the prosecution plans to present at trial and a detailed argument about which of Trump’s actions are subject to presidential immunity and which are not. The final section concludes by requesting the court to rule that Trump’s actions are not protected by immunity, clearing the path for a trial.
Despite Trump’s team’s efforts to keep the document sealed, it was released on Wednesday. Trump reacted by calling the brief a “hit job” and suggested that its release was politically motivated in response to the vice-presidential debate. Trump wrote on Truth Social, “Democrats are Weaponizing the Justice Department against me because they know I am WINNING, and they are desperate to prop up their failing Candidate, Kamala Harris.”
The brief includes new insights into Trump’s activities on January 6. FBI forensic experts have detailed Trump’s phone use during the Capitol riot, particularly his frequent engagement with social media applications like Twitter. Witnesses are expected to testify that Trump was closely following live television coverage of the events unfolding at the Capitol, linking his tweets and public statements to the riot’s progression.
The filing also reveals more about Trump’s strained relationship with Mike Pence. Smith’s team frames their conversations as between “running mates,” with Pence trying to convince Trump to accept the election outcome. Several instances, including private lunches and phone calls, depict Pence encouraging Trump to move forward after the election loss. Prosecutors argue that these interactions were personal, unrelated to Trump’s presidential duties.
Among the more damning revelations is Trump’s personal tweet accusing Pence of lacking the courage to overturn the election results. Smith argues that this tweet, posted after rioters had breached the Capitol, was not a matter of presidential duty but a private political action. According to the filing, this message incited Trump’s supporters further, leading to increased threats to Pence’s safety. In response, the Secret Service had to evacuate Pence to a secure location minutes after the tweet.
One particularly notable allegation is a witness’s claim that Trump told his family, “It doesn’t matter if you won or lost the election. You still have to fight like hell.” This comment, reportedly made aboard Marine One in the presence of his wife Melania, daughter Ivanka, and son-in-law Jared Kushner, was presented as further evidence that Trump’s actions were politically motivated, rather than presidential duties.
Other evidence indicates that Trump had planned to declare victory on election night regardless of the vote count. The prosecution points to private advisers’ discussions about this strategy and highlights Trump’s understanding that he would likely lead in early returns but could lose once all ballots were counted.
The brief also outlines interactions between Trump and a White House staffer identified as “P9.” According to prosecutors, P9 personally discussed the fake electors strategy with Trump and described it as “crazy” and “illegal” in private texts. When Trump’s private lawyer, Rudy Giuliani, failed to provide proof of election fraud in court, Trump reportedly laughed and said, “The details don’t matter.”
Finally, the brief presents a witness list for the trial, including election officials from battleground states and Trump’s White House deputy chief of staff. Prosecutors plan to demonstrate that Trump’s actions leading up to and on January 6 were not official duties of the president but part of a political campaign to maintain power.