U.S. District Judge for the District of Columbia Tanya Chutkan on Wednesday unsealed a key filing in Special Counsel Jack Smith’s election case against former President Trump.
Chutkan unsealed Smith’s 165-page filing Wednesday after the special counsel submitted the document, in which he lays out the case and alleged evidence he intends to use in an eventual trial against Trump.
Trump pleaded not guilty to all charges brought against him by Smith.
TRUMP INDICTED A SECOND TIME IN ELECTION SUBVERSION CASE BROUGHT BY SPECIAL COUNSEL JACK SMITH
The Supreme Court earlier this year ruled that a president is immune from prosecution for official acts.
Smith was then required to file another indictment against Trump, revising the charges in an effort to navigate the Supreme Court ruling. The new indictment kept the prior criminal charges but narrowed and reframed allegations against Trump after the high court’s ruling that gave broad immunity to former presidents.
In the filing unsealed Wednesday, Smith outlines a “factual proffer,” alleging that Trump “resorted to crimes to try to stay in office” after losing the 2020 presidential election.
“With private co-conspirators, the defendant launched a series of increasingly desperate plans to overturn the legitimate election results in seven states that he had lost—Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin,” Smith wrote.
“His efforts included lying to state officials in order to induce them to ignore true vote counts; manufacturing fraudulent electoral votes in the targeted states; attempting to enlist Vice President Michael R. Pence, in his role as President of the Senate, to obstruct Congress’s certification of the election by using the defendant’s fraudulent electoral votes; and when all else had failed, on January 6m 2021, directing an angry crowd of supporters to the United States Capitol to obstruct the congressional certification.”
Smith claims that the “throughline of these efforts was deceit,” claiming Trump and co-conspirators engaged in a conspiracy to interfere with the federal government function by which the nation collects and counts election results, which is set forth in the Constitution and the Electoral Count Act (ECA); a conspiracy to obstruct the official proceeding in which Congress certifies the legitimate results of the presidential election; and a conspiracy against the rights of millions of Americans to vote and have their votes counted.”
Trump campaign spokesman Steven Cheung told Fox News Digital that the release of the “falsehood-ridden, Unconstitutional J6 brief immediately following Tim Walz’s disastrous debate performance is another obvious attempt by the Harris-Biden regime to undermine American Democracy and interfere in this election.”
“Deranged Jack Smith and Washington DC Radical Democrats are hell-bent on weaponizing the Justice Department in an attempt to cling to power,” Cheung said. “President Trump is dominating, and the Radical Democrats throughout the Deep State are freaking out.”
Cheung added: “This entire case is a partisan, Unconstitutional Witch Hunt that should be dismissed entirely, together with ALL of the remaining Democrat hoaxes.”
Fox News’ Bill Mears and David Spunt contributed to this report.
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