Judge Tanya Chutkan Releases Key Document in Jack Smith’s Investigation of Trump’s Post-2020 Election Actions

Person speaking at podium with multiple American flags.

A 165-page court filing unveiled by Judge Tanya Chutkan exposes Special Counsel Jack Smith’s investigation into former President Donald Trump’s post-2020 election actions, raising questions about presidential immunity and potential criminal charges.

At a Glance

The court filing alleges Trump planned to contest the 2020 election before its conclusion
Prosecutors claim Trump knowingly promoted false voter fraud claims
The document details conversations between Trump and Mike Pence about accepting election results
Trump’s legal team requests a deadline extension to respond to the special counsel’s immunity brief

Allegations of Pre-Election Groundwork

The recently released court filing by Special Counsel Jack Smith’s team presents a comprehensive look at the evidence collected against former President Donald Trump regarding his actions following the 2020 election. According to the document, Trump allegedly began laying the groundwork to contest the election results before voting had even concluded.

Prosecutors claim that Trump instructed his advisers to prepare for a premature victory declaration if he held an early lead, regardless of the actual vote count. This strategy, they argue, was part of a broader plan to challenge the legitimacy of the election process.

False Claims and Alleged Criminal Actions

The court filing goes further, asserting that Trump knowingly promoted false voter fraud claims and engaged in potentially criminal actions to retain power. Prosecutors allege that Trump dismissed credible information contradicting his fraud narrative, including rejecting attorney Sidney Powell’s allegations as “crazy.”

“When the defendant lost the 2020 presidential election, he resorted to crimes to try to stay in office,” prosecutors wrote in the filing.

Former President Donald Trump "resorted to crimes" to attempt to stay in office after losing the 2020 presidential election to Joe Biden, federal prosecutors allege in a newly unsealed court filing released Wednesday.

In the filing submitted by special counsel Jack Smith,… pic.twitter.com/lr2ut8tFn2

— PBS News (@NewsHour) October 2, 2024

The document details conversations between Trump and then-Vice President Mike Pence, where Pence reportedly urged Trump to accept the election results. Despite these conversations and numerous court decisions confirming his loss, Trump allegedly continued to push false narratives about the election’s integrity.

Social Media and the January 6 Capitol Attack

Prosecutors argue that Trump used social media, particularly Twitter, to spread false election fraud claims and incite supporters. The filing highlights Trump’s January 6, 2021 speech as a culmination of disinformation, allegedly encouraging supporters to march to the Capitol.

“So what?” – the filing cites Trump as saying to an aide after learning that his vice president, Mike Pence, had been moved to a secure location due to a violent mob of Trump supporters breaching the U.S. Capitol on January 6, 2021, in an attempt to disrupt the electoral vote count.

The document also reveals that forensic evidence from Trump’s iPhone is intended to provide insight into his actions following the Capitol attack. This evidence could play a crucial role in the ongoing investigation and potential legal proceedings.

Legal Challenges and Presidential Immunity

The court filing is divided into four main parts: evidence against Trump, legal issues of presidential immunity, arguments against immunity, and a request for Trump to stand trial. Prosecutors argue that Trump’s actions were taken as a candidate, not as part of his official presidential duties, challenging claims of presidential immunity.

“The defendant asserts that he is immune from prosecution for his criminal scheme to overturn the 2020 presidential election because, he claims, it entailed official conduct. Not so,” prosecutors wrote. “Although the defendant was the incumbent president during the charged conspiracies, his scheme was a fundamentally private one.”

Trump’s legal team has requested a deadline extension to respond to the special counsel’s immunity brief until after November’s election. This request, if granted, could potentially delay the legal proceedings and impact the timeline of any potential trial.