U.S. District Judge Tanya Chutkan has unsealed a detailed motion from Special Counsel Jack Smith that outlines the argument against former President Donald Trump, alleging he acted privately in his attempts to overturn the 2020 election results. The motion includes Trump’s interactions with officials in key states such as Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin, where he allegedly aimed to disrupt the election outcome.
The motion, which was submitted to Chutkan last month, is pivotal in reviving the case after a prolonged period of delays resulting from Trump’s claims for complete immunity against fraud and obstruction charges connected to his post-election actions. Following a Supreme Court ruling affirming that former presidents have certain immunities related to their official duties, Trump’s legal challenges have been significantly affected.
Smith’s motion includes a 165-page analysis detailing supposed collaboration between Trump, private attorneys, and political allies to submit false elector slates to Congress, presenting Trump as the election winner in several states. The document asserts that Trump acted outside his official role, utilizing fraud and deceit in the electoral process.
Trump has responded vehemently on social media, accusing Democrats of politicizing the Justice Department against him while claiming he is winning in the political arena. His running mate, Ohio GOP Senator J.D. Vance, recently participated in a vice presidential debate against Kamala Harris’ running mate, which Trump referenced in his posts.
Key arguments from Smith’s filing illustrate various tactics allegedly employed by Trump and his associates to undermine voter integrity:
In Arizona, Smith detailed communications by Trump with state officials, arguing these were made while he was a candidate, and highlighted a lack of truthful information regarding allegations of non-citizen voting that fluctuated wildly without basis.
In Georgia, Trump allegedly ignored advisories that his claims of election fraud were unfounded, continuing to promote disinformation despite being informed of the truth by his campaign staff.
The filing highlights an Oval Office meeting with Michigan lawmakers, where Trump sought to obtain evidence of voter fraud but failed to substantiate any claims.
In Pennsylvania, officials communicated with Trump regarding the counting of mail-in ballots but he persisted in spreading false fraud allegations. Similar tactics were reportedly used in Wisconsin, where a recount confirmed Biden’s victory, yet Trump continued to push baseless claims of fraud.
As the election results were contested, Trump and his allies allegedly created fake slates of electors from states he lost, with plans to present these false representations to Congress in a bid to obstruct the official certification process.
The motion underscores the claim that Trump’s pressure on Vice President Mike Pence was outside their official duties, a pivotal argument as Smith seeks to establish that Trump’s actions fall outside the protections of presidential immunity.
Overall, the filing paints a picture of systematic efforts by Trump and his associates aimed at invalidating a legitimate electoral process following the 2020 presidential election, setting the stage for further legal proceedings as the political landscape continues to evolve.