U.S. District Judge Tanya Chutkan has unsealed a detailed motion revealing special counsel Jack Smith’s arguments against former President Donald Trump, ahead of a critical court date in November. The motion alleges that Trump acted privately when attempting to overturn the 2020 election results and focuses on his interactions with officials across several states including Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin.
The document, essential for reviving a case that has seen significant delays, was submitted as Trump sought full immunity from charges of fraud and obstruction related to his post-election actions. The U.S. Supreme Court previously ruled that while former presidents may have immunity for official duties, they do not enjoy immunity for personal actions.
Smith’s 165-page motion details allegations that Trump coordinated with private lawyers and political allies to submit false elector slates, misleading Congress into believing he won in key battleground states.
Trump criticized the filing on social media, claiming it to be a politically motivated attack by Democrats aiming to undermine his leadership while supporting Kamala Harris’s campaign.
The motion outlines critical points aimed at demonstrating Trump’s efforts to mislead and disrupt the electoral process:
In Arizona, Smith describes Trump’s communications with various officials and mentions that Trump and his collaborators disregarded the truth, repeatedly altering claims of voter fraud without evidence.
In Georgia, Smith presents evidence that Trump pressed fraudulent claims even after being informed they were false, notably concerning allegations of deceased individuals voting.
In Michigan, it details Trump’s attempts to find evidence of fraud in a meeting with state legislators, despite no valid claims being substantiated.
In various states including Michigan and Pennsylvania, Smith points out that Trump’s team sought to create confusion at polling places, invoking unrest that drew parallels to previous election-related violence.
In Wisconsin, despite the confirmation of Biden’s victory through a recount, Trump continued to propagate false claims regarding election integrity.
The filing also contends that as Trump’s efforts to overturn the election faltered, he and his allies devised a plan to submit false slates of electors to Congress, misrepresenting themselves as legitimate electors for Trump. This culminated in Trump pressuring Vice President Mike Pence to reject the certified electoral results on January 6, 2021, coinciding with the Capitol riot.
Smith aims to prove that Trump’s actions, particularly in pressuring Pence, lay outside the scope of their official duties, making them subject to prosecution. He plans to introduce evidence from private conversations that link Trump’s behavior to his candidacy and ambitions beyond his presidential role.