Prosecutors Lay Out New Evidence in Trump Election Case, Accuse Him of Having 'Resorted to Crimes'

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 from special counsel Jack Smith's team offers the most comprehensive view to date of what prosecutors intend to prove if the case charging Trump with conspiring to overturn the election reaches trial. Although a months-long congressional investigation and the indictment itself have chronicled in stark detail Trump's efforts to undo the election, 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”, The Associated Press said.
“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 US Capitol on Jan. 6, 2021, to try to prevent the counting of electoral votes.
“The details don't matter,” Trump said, when told by an adviser that a lawyer who was mounting his legal challenges wouldn’t be able to prove the false allegations in court, the filing states.
The brief was made public over the Trump legal team’s objections in the final month of a closely contested presidential race in which Democrats have sought to make Trump’s refusal to accept the election results four years ago central to their claims that he is unfit for office. The issue flared as recently as Tuesday night’s vice presidential debate when Minnesota Gov. Tim Walz, a Democrat, lamented the violence at the Capitol while a Republican opponent, Ohio Sen. JD Vance, refused to directly answer when asked whether Trump had lost the 2020 race.
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 US 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.
Though the prospects of a trial are uncertain, particularly if Trump wins the presidency and a new attorney general seeks the dismissal of the case, the brief nonetheless functions as a roadmap for the testimony and evidence prosecutors would elicit before a jury. It is now up to Chutkan to decide which of Trump's acts are official conduct for which Trump is immune from prosecution and which are, in the words of Smith's team, “private crimes” on which the case can proceed.
“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.”
Trump campaign spokesman Steven Cheung called the brief “falsehood-ridden” and “unconstitutional” and repeated oft-stated allegations that Smith and Democrats were “hell-bent on weaponizing the Justice Department." Trump, in a separate post on his Truth Social platform, said the case would end with his “complete victory.”
The filing alleges that Trump “laid the groundwork” for rejecting the election results before the contest was over, telling advisers that in the event he held an early lead he would “declare victory before the ballots were counted and any winner was projected.”
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 isn't” and “give me options to file litigation.”
Prosecutors also alleged that Trump advanced claims of fraud despite knowing they were false, recounting how he conceded to others that allegations of election irregularities made by attorney Sidney Powell were “crazy” and referenced the science fiction series “Star Trek.” Even so, days later, he promoted on Twitter a lawsuit she was about to file.
In demonstrating his apparent indifference to the accuracy of the election fraud claims, 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.”
Pence chronicled some of his interactions with Trump, and his eventual split with him, in a 2022 book called “So Help Me God.” He also was ordered to appear before the grand jury investigating Trump after courts rejected claims of executive privilege.
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.

Germans on Saturday mourned the victims of an apparent attack in which authorities say a doctor drove into a busy outdoor Christmas market, killing five people, injuring 200 others and shaking the public’s sense of security at what would otherwise be a time of joy and wonder.

The alleged attack Friday evening in Magdeburg, about 130 kilometers (80 miles) west of Berlin, killed a 9-year-old and four adults and injured 41 people badly enough that authorities warned the death toll could rise.

Magdeburg marked the tragedy Saturday with the tolling church bells at 7:04 p.m., the exact time of the attack in the city of roughly 240,000 people.

The driver, a 50-year-old doctor who immigrated from Saudi Arabia in 2006, surrendered to police at the scene. He’s being investigated for five counts of suspected murder and 205 counts of suspected attempted murder, prosecutor Horst Walter Nopens said at a news conference.

Among other things, investigators are looking into whether the attack could have been motivated by the suspect’s dissatisfaction with the way Germany treats Saudi refugees, Nopens said.

“There is no more peaceful and cheerful place than a Christmas market,” Chancellor Olaf Scholz said. “What a terrible act it is to injure and kill so many people there with such brutality.”

Although Nopens mentioned the treatment of Saudi immigrants angle, authorities said Saturday that they still didn't know why the suspect drove his black BMW into the crowded market.

Police haven't publicly named the suspect, but several German news outlets identified him as Taleb A., withholding his last name in line with privacy laws, and reported that he was a specialist in psychiatry and psychotherapy.

Describing himself as a former Muslim, the suspect appears to have been an active user of the social media platform X, accusing German authorities of failing to do enough to combat what he referred to as the “Islamification of Europe.”

The violence shocked Germany and Magdeburg, which is the capital of the eastern state of Saxony-Anhalt, bringing its mayor to the verge of tears and marring the centuries-old German tradition of Christmas markets. It led several other communities to cancel their weekend Christmas markets as a precaution and out of solidarity with Magdeburg’s loss. Berlin kept its many markets open but increased its police presence at them.

Germany has suffered a string of extremist attacks in recent years, including a knife attack that killed three people and wounded eight at a festival in the western city of Solingen in August.

Friday’s attack came eight years after an extremist drove a truck into a crowded Christmas market in Berlin, killing 13 people and injuring many others. The attacker was killed days later in a shootout in Italy.

Chancellor Scholz and Interior Minister Nancy Faeser traveled to Magdeburg on Saturday, and a memorial service is to take place in the city cathedral in the evening. Faeser ordered flags lowered to half-staff at federal buildings across the country.

Verified bystander footage distributed by the German news agency dpa showed the suspect’s arrest at a tram stop in the middle of the road. A nearby police officer pointing a handgun at the man shouted at him as he lay prone, his head arched up slightly. Other officers swarmed around the suspect and took him into custody.

Thi Linh Chi Nguyen, a 34-year-old manicurist from Vietnam whose salon is in a mall across from the Christmas market, was on the phone during a break when she heard loud bangs that she thought were fireworks. She then saw a car drive through the market at high speed. People screamed and a child was thrown into the air by the car.

Shaking as she described what she had witnessed, she recalled seeing the car bursting out of the market and turning right onto Ernst-Reuter-Allee street and then coming to a standstill at the tram stop where the suspect was arrested.

The number of injured people was overwhelming.

“My husband and I helped them for two hours. He ran back home and grabbed as many blankets as he could find because they didn’t have enough to cover the injured people. And it was so cold,” she said.

The market itself was still cordoned off Saturday with red and white tape and police vans, as armed officers guarded at every entrance. Some thermal security blankets still lay on the street.

Prosecutors Lay Out New Evidence in Trump Election Case, Accuse Him of Having 'Resorted to Crimes'