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October 5, 2024
WASHINGTON (AP) — Donald Trump laid the groundwork to try to overturn the 2020 election even before he lost, knowingly pushed false claims of voter fraud and “resorted to crimes” in his failed bid to cling to power, according to a court filing unsealed Wednesday that offers new evidence from the landmark criminal case against the former president.
The filing cites previously unknown accounts offered by Trump’s closest aides to paint a portrait of an “increasingly desperate” president who, while losing his grip on the White House, “used deceit to target every stage of the electoral process.”
“So what?” the filing quotes Trump as telling an aide after being advised that his vice president, Mike Pence, had been rushed to a secure location after a crowd of violent Trump supporters stormed the U.S. Capitol on Jan. 6, 2021, to try to prevent the counting of electoral votes.
The filing was submitted, initially under seal, following a Supreme Court opinion that conferred broad immunity on former presidents for official acts they take in office, a decision that narrowed the scope of the prosecution and eliminated the possibility of a trial before next month’s election.
The purpose of the brief is to persuade U.S. District Judge Tanya Chutkan that the offenses charged in the indictment were undertaken in Trump’s private, rather than presidential, capacity and can therefore remain part of the case as it moves forward. Chutkan permitted a redacted version to be made public, even though Trump’s lawyers argued that it was unfair to unseal it so close to the election.
“Although the defendant was the incumbent President during the charged conspiracies, his scheme was fundamentally a private one,” Smith’s team wrote, adding, “When the defendant lost the 2020 presidential election, he resorted to crimes to try to stay in office.”
The filing alleges that Trump “laid the groundwork” for rejecting the election results before the contest was over. Immediately after the election, prosecutors say, his advisers sought to sow chaos in the counting of votes.
In one instance, a campaign employee described as a Trump co-conspirator was told that results favoring Democrat Joe Biden at a Michigan polling center appeared accurate. The person is alleged to have replied: “find a reason it isnt” and “give me options to file litigation.”
Prosecutors also cite an account of a White House staffer who after the election overheard Trump telling his wife, daughter and son-in-law on Marine One: “It doesn’t matter if you won or lost the election. You still have to fight like hell.”
The filing also includes details of conversations between Trump and Pence, including a private lunch on Nov. 12, 2020, in which Pence “reiterated a face-saving option” for Trump, telling him, “Don’t concede but recognize the process is over.”
In another lunch days later, Pence urged Trump to accept the election results and run again in 2024.
“I don’t know, 2024 is so far off,” Trump told him, the filing states.
Prosecutors say that by Dec. 5, the defendant was starting to think about Congress’ role in the process.
“For the first time, he mentioned to Pence the possibility of challenging the election results in the House of Representatives,” it says, citing a phone call.
But, prosecutors wrote, Trump “disregarded” Pence “in the same way he disregarded dozens of court decisions that unanimously rejected his and his allies’ legal claims, and that he disregarded officials in the targeted states — including those in his own party — who stated publicly that he had lost and that his specific fraud allegations were false.”
Prosecutors also argue Trump used his Twitter account to spread false claims of election fraud, attacking “those speaking the truth” about his loss and exhorting his supporters to travel to Washington for the Jan. 6, 2021, certification.
They intend to use “forensic evidence” from Trump’s iPhone to provide insight into Trump’s actions after the Capitol attack.
Of the more than 1,200 Tweets Trump sent during the weeks detailed in the indictment, prosecutors say, the vast majority were about the 2020 election, including those falsely claiming Pence could reject electors even though the vice president had told Trump that he had no such power.
That “steady stream of disinformation” culminated in his speech at the Ellipse on the morning of Jan. 6, 2021, where Trump “used these lies to inflame and motivate the large and angry crowd of his supporters to march to the Capitol and disrupt the certification proceeding,” prosecutors wrote.
His “personal desperation was at its zenith” that morning as he was “only hours from the certification proceeding that spelled the end,” prosecutors wrote.
