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.

One week after its worst cyclone in nearly a century, and a day after a testy presidential visit, France’s impoverished Indian Ocean territory of Mayotte is still grappling with counting the dead, restoring essential services and aiding a beleaguered population.

Cyclone Chido wreaked devastation across the archipelago. Already stretched thin, hospitals are overwhelmed with patients suffering not only from cyclone-related injuries but also from dehydration, malnutrition and disease.

At Mayotte’s main hospital in the capital, Mamoudzou, doctors faced a cascade of crises.

“We lost 40% of patient rooms, about 50 to 60 beds,” said Dr. Roger Serhal, chief of the obstetrics and gynecology department. “There are so many patients coming to the hospital, and we don’t have space to admit them.”

As Chido battered the archipelago last weekend with 220 kph (136 mph) winds, Serhal and his team delivered three babies, including by cesarean section.

The hospital’s structural damage has forced staff to triage patients, prioritizing the most severe cases. Though the official death toll remains 35, according to the French Interior Ministry on Saturday, the number of seriously injured has risen to 78, with 2,432 others sustaining minor injuries. Health Minister Geneviève Darrieussecq has warned that any estimates are likely major undercounts “compared to the scale of the disaster.”

Emergency aid was being delivered by air and sea. Since the cyclone, 31 tons of food and 108 tons of water have arrived, with an additional 1.6 million liters of water expected Monday aboard a container ship, according to the Interior Ministry.

The hospital is operating at 50% capacity, while 109 patients have been evacuated to mainland France for urgent care. Three advanced medical posts have been established on Grande-Terre, Mayotte’s main island, to address the surge in need.

The storm has devastated entire neighborhoods. Many people ignored warnings, thinking the storm wouldn’t be so extreme. Even worse, many migrants avoided shelters out of fear of deportation, authorities said, adding there could be hundreds or possibly thousands of fatalities.

Doctors fear that the lack of clean water and electricity — compounded by overcrowded living conditions — is setting the stage for a health crisis. “Patients are coming because their illnesses are untreated, there’s no water, and no electricity. We’re concerned about epidemics, like the cholera outbreak we stopped just months ago,” said Dr. Vincent Gilles, the hospital’s emergency medical director.

The hospital staff continues to work tirelessly, but resources are running dangerously low. “If we have rain it will be catastrophic,” Serhal said.

Among the patients struggling to recover is Saindou Mohamadi, 54, who fractured his arm and sprained his ankle during the storm that left his home completely destroyed.

Speaking from his hospital bed, Mohamadi expressed despair for his family. “My mother is sick, I’m sick, and my child is sick,” he said. “They need to eat, but I’m the one who takes care of the food, and now we have nothing.” With six children to support, Mohamadi is among countless residents left homeless and destitute.

“I’m not alone,” he said. “There are many of us who have lost everything — our houses, our food. I want the government to care about us, to give us food and a place to sleep.”

Mayotte, a densely populated archipelago of over 320,000 people, is also home to an estimated 100,000 migrants, many living in precarious conditions.

The poorest overseas region of France and, by extension, the European Union has long struggled with systemic neglect and underinvestment. Around 75% of its population lives in poverty, and the archipelago’s infrastructure was ill-equipped to withstand a disaster of this magnitude. Chido’s destruction has compounded these challenges, leaving many residents with little faith in the government’s ability to provide timely and adequate relief.

Efforts to deliver emergency aid, including airlifts of water and food, are underway, but the scale of the need is staggering. Mayotte’s airport remains closed to civilian flights due to damage, further complicating logistics.

French President Emmanuel Macron, during his visit on Friday, acknowledged the gravity of the situation and pledged to rebuild but faced criticism from residents frustrated by the slow pace of aid.

Calling the archipelago “totally devastated,” Interior Minister Bruno Retailleau painted a bleak picture — with some 70% of the population gravely affected by the catastrophe, and many left homeless and vulnerable. For now, the island’s residents and its overstretched medical staff are left to confront the daunting aftermath of Chido, one day at a time.

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