Jack Smith’s 1889-Page Evidence Appendix in Trump’s Federal Election Interference Case as Special Counsel
TL/DR –
The evidence Special Counsel Jack Smith plans to use against former President Trump includes: Trump waited almost three hours after learning of the violence on January 6, 2021, at the Capitol before instructing his supporters to leave; elected Republican officials testified about Trump’s attempts to coerce them into participating in a false elector scheme; and Trump’s personal account was used to disseminate election denial and election fraud conspiracy theories. Smith’s filing seeks to show Trump acted in a private capacity, not as a sitting president, and therefore can be prosecuted. The case is not expected to go to trial before the 2024 presidential election and is one of several legal battles that Trump is currently facing.
Updated Legal Filing Reveals Detailed Evidence Against Trump
The extensive filing demonstrates the evidence that Smith plans to employ against Trump, outlining:
- Trump’s three-hour delay in responding to the Capitol violence on January 6, 2021.
- Testimonies from elected Republican officials about Trump’s attempts to involve them in false elector scheme.
- Election fraud conspiracy theories shared via Trump’s personal X account.
- Public resistance from bipartisan election officials in swing states against Trump’s election fraud claims.
- Trump’s plans to disrupt the Congressional certification process on January 6th by using Pence to enforce the false slate of electors’ votes and dismiss seven states’ results.
The case, originating in 2023, was influenced by the Supreme Court’s July 2024 ruling that presidents have extensive immunity for official actions. However, part of Smith’s filing argues that Trump, as a candidate seeking re-election, acted privately, and thus remains susceptible to prosecution.
While the case is unlikely to go to trial before the 2024 presidential election, it represents one of several legal battles that the former president is currently facing.
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