NEW: Judge Chutkan has unsealed Jack Smith's 165-page argument which provides evidence of Trump's criminal conduct and breaks-down Trump's plan for resolving immunity claims in his favor. Below are the salient points made by Smith. 1/
Full motion by DoJ: storage.courtlistener.com/recap/gov.usco…
The motion has FOUR basic parts:
1. provides a detailed statement of the case that the Government intends to prove at trial.
2. sets forth the legal principles governing presidential immunity.
3. applies legal principles to Trump's conduct and establishes that nothing the DOJ will present is protected by presidential immunity.
4. asks the court to find that Trump is not immune and must stand trial on the superseding indictment based on the evidence. 2/
According to the DOJ, Donald Trump laid the groundwork for stealing the election with his private advisors and with campaign advisors and staff, with a multi-pronged attack on the results leading up to Election Day. Smith gives specific examples. 3/
Trump continued with the plan to declare victory even after staff and advisors told him there was no way to win. Trump fired his team who told him the truth and hired Rudy Giuliani (CC1) to run the election challenges. 4/
Trump was repeated told by Pence and lawyer Eric Hershmann (P9) that he had no legal standing and Smith provides evidence of all of these conversations, which Trump intentionally ignored. Jared Kushner is (P13). 5/
Smith claims that Trump evolved his conspiracy by changing his election numbers daily and explains he can prove it at trial. 6/
Smith says Trump's "steady stream of disinformation in the post-election period culminated in his privately funded Jan. 6th rally on the Ellipse, where Trump's intentional lies were used to inflame the crowd and motivate his supporters to disrupt the election certification. 7/
Donald Trump's lies were specifically targeted at swing states where he could attempt to alter the vote count and stop Biden from taking office. 8/
Smith takes 3- pages to lay out the details for how Trump and Guiliani, et al. actively tried to disrupt the certification of Biden's win in Arizona, Georgia, Michigan, Nevada, Pennsylvania, Wisconsin, and with voting machines across multiple states. 9/
After all of his court election challenges were unsuccessful in November of 2020, Trump made another plan in December to overturn the legitimate vote count using false electors in key states. 10/
Trump, Guiliani, and other co-conspirators actively tried to "manipulate" Mike Pence, who knew the election was fair and not stolen, into declaring fraud and refusing to certify the election results on Jan. 6 and Smith provides PAGES of evidence. 11/ pic.x.com/csbliaWgTi
Smith spells out exactly how Trump used unlawful conduct to incite a riot and then aim that riot at Capitol Hill to further pressure Pence to refuse to certify the election. 12/
On the night of Jan 6, Trump "further exploited the day's violence" by having Rudy Giuliani contact more Senators and try to persuade them to "further delay the certification" using "knowingly false" election fraud claims. 13/
Trump and his co-conspirators pushed all day on Jan. 6 to stop the certification of the vote based on false claims, right up until the moment the vote was certified at 11:35 pm. 14/
The second section breaks down the recent Supreme Court ruling on immunity and argues why Trump should not be considered immune for his actions and why Trump should be put on trial.
Here is the full, four page argument of that section: 15/
In section three, Smith takes 75 pages for each allegation with supporting evidence and whether is protected by Presidential Immunity and breaks down which of his acts with Pence, calls to election officials and public posts are "official" and which are legally "unofficial." 16/
Jack Smith's full conclusion: all of these facts can be proven in a court of law with evidence and Donald Trump is not entitled to Immunity and should proceed to trial. Also, Smith asks that everything submitted in Section 1 be allowed at trial. 17/
Supplement: Here is a list of all of the redacted names for the entire Jack Smith filing. (via @letsgohawksgpg) 18/
Share this Scrolly Tale with your friends.
A Scrolly Tale is a new way to read Twitter threads with a more visually immersive experience.
Discover more beautiful Scrolly Tales like this.