A key filing from special counsel Jack Smith, detailing evidence from the investigation into former President Donald Trump’s attempts to overturn the 2020 election, has been made public. The 165-page document sheds light on the extensive evidence federal prosecutors have amassed, offering a deeper look into Trump’s alleged private efforts to subvert the transfer of presidential power.
The filing was prompted by a Supreme Court decision in July, which granted Trump limited immunity for actions taken during his presidency. However, Smith argues that Trump’s efforts to overturn the election were not official acts, but rather private schemes aimed at staying in power. Prosecutors argue that Trump acted as a candidate rather than a sitting president, and therefore, his actions are not protected by immunity.
One of the most striking revelations in the filing is Trump’s alleged plan to declare victory before all the ballots were counted, despite being informed by advisers that his chances of winning were slim. Following Election Day, Trump continued to spread false claims about voter fraud, notably through personal attorney Rudy Giuliani, and pushed for alternate slates of electors in battleground states to challenge Joe Biden's win.
The filing also revisits Trump’s interactions with Vice President Mike Pence on 6 January 2021, when Pence was pressured to reject Electoral College votes. Despite Pence’s resistance, Trump allegedly dismissed concerns about Pence’s safety when rioters breached the Capitol. Prosecutors argue that these actions were part of Trump's larger scheme to interfere with the certification of the election.
Furthermore, the filing provides new details about the Capitol attack on 6 January, suggesting that Trump continued to monitor the situation from the White House, issuing tweets targeting Pence while refusing to take action to stop the violence. Forensic evidence from Trump’s phone is expected to play a key role in the prosecution’s case, showing that Trump remained engaged with social media and the media throughout the day.
In response to the filing, Trump’s campaign spokesperson criticized it as an “unconstitutional witch hunt,” asserting that the case should be dismissed.
As the trial approaches, legal experts expect the focus to remain on whether Trump’s actions were private or official, as well as how the evidence will play out in court. Judge Tanya Chutkan, who is overseeing the case, has yet to rule on whether Trump will stand trial for these charges.