US Prosecutors Unveil New Details of Trump’s Attempt to Overturn Election Loss By Reuters

By Andrew Goudsward

WASHINGTON – U.S. prosecutors have asserted that Donald Trump acted beyond the scope of his presidential duties when he attempted to pressure state officials and then-Vice President Mike Pence into overturning the outcome of the 2020 election, as detailed in a court filing made public on Wednesday.

This 165-page document represents a crucial juncture for prosecutors to present their case against Trump before the upcoming election on November 5, as no trial is expected to take place prior to his face-off with Democratic Vice President Kamala Harris.

The filing aims to keep the federal criminal case related to election subversion against the Republican presidential candidate progressing, especially following a July ruling by the U.S. Supreme Court that affirmed broad immunity for former presidents regarding actions taken while in office.

Special Counsel Jack Smith and his team outlined a comprehensive account of Trump’s actions following the 2020 election, much of which has previously surfaced through media reports, findings from the House committee investigating the Capitol riot, and Smith’s own indictment.

Among the allegations is a claim that a White House aide heard Trump tell family members, "it doesn’t matter if you won or lost the election. You still have to fight like hell."

Trump has pleaded not guilty to four criminal charges related to conspiracy to obstruct the congressional certification of the election, defrauding the country of accurate results, and infringing upon Americans’ voting rights.

Key portions of the filing emphasize Trump’s interactions with Pence, whom he attempted to coerce into using his position to overturn the election results during the January 6, 2021 certification process. On that day, Trump delivered a fiery speech that incited his supporters to storm the Capitol, resulting in chaos, confrontations with law enforcement, and lawmakers fleeing in fear while chants of "hang Mike Pence" echoed through the halls.

Prosecutors allege that when informed that Pence had been moved to a secure location amid the riot, Trump dismissively responded, "so what?" However, they indicated that they do not plan to present this particular interaction at trial due to the Supreme Court’s ruling on immunity.

Pence is specifically named throughout the filing, while the identities of many other individuals associated with Trump’s administration and efforts to overturn the election remain redacted, though contextual clues reveal their likely identities.

The court document also highlights instances where Trump privately ridiculed the unfounded claims being made on his behalf. For example, during a phone call with an unidentified lawyer, purportedly Sidney Powell, Trump muted her and referred to her assertions as "crazy."

Additionally, on January 1, 2021, Trump allegedly warned Pence that he would face public scorn and be perceived as “stupid” if he did not block the certification of Joe Biden’s victory.

Trump’s spokesperson criticized the revelations, claiming the case is a politically motivated "Witch Hunt" that should be dismissed entirely, alongside other Democratic attempts they label as hoaxes.

The filing offers a detailed account of the evidence prosecutors plan to utilize should the case proceed to trial, accusing Trump of attempting to declare victory prematurely prior to the election, changing his legal team when they refused to support unfounded allegations of voter fraud, and trying to persuade Pence to assist his efforts to remain in power.

Included are narratives of conversations with high-ranking officials in Trump’s administration, such as Pence and Mark Meadows, the White House chief of staff, who contributed testimony during the grand jury investigation.

While this court filing was submitted on Thursday, U.S. District Judge Tanya Chutkan needed to approve proposed redactions before it was released. Trump’s legal team opposed the sweeping nature of the filing, arguing that it was inappropriate to present such evidence shortly before the election and contending that the whole case should be dismissed based on the recent Supreme Court ruling.

The filing contains excerpts from witness interviews, grand jury testimonies, and evidence obtained through search warrants during the investigation. Chutkan is currently evaluating this material and may release redacted versions, though Trump’s attorneys have until October 10 to file any objections.

Should Trump secure a victory in the upcoming election, he is likely to instruct the Justice Department to pursue the dismissal of these charges.

Additionally, prosecutors pointed to a tweet Trump posted during the Capitol riot, where he criticized Pence for not having "the courage to do what should have been done" during the congressional certification. They noted that this message was not aimed at addressing public concern but rather expressed the frustration of a defeated candidate who was coming to terms with losing power.