October 4 :
U.S. prosecutors said in a court document released on October 2 that President Trump was not carrying out his responsibilities as president when he urged state officials and then-Vice President Mike Pence to attempt to reverse his loss in the 2020 election. Since there will not be a trial before Trump meets Democratic Vice President Kamala Harris, the 165-page document is probably the last chance for prosecutors to present their case against Trump before the Nov. 5 election.
In light of the July U.S. Supreme Court decision that grants extensive protection to former presidents from prosecution for official acts in office, the purpose of the filing is to maintain the federal criminal election subversion case against the Republican presidential nominee continuing.
Much of what Special Counsel Jack Smith and the prosecution have revealed about Trump's actions after the 2020 election has been previously revealed in news articles, in the report from the House committee that looked into the Capitol riot, or in the indictment that Smith obtained.
A member of Trump's staff allegedly overheard the president telling members of his family, "it doesn't matter if you won or lost the election." This comment is part of the allegations. Fighting like hell is still required of you. With his not-guilty plea, Trump has been indicted on four counts of conspiracy to impede congressional certification of the election, deceive the United States into believing inaccurate results, and meddle with the voting rights of Americans.
The majority of the document is devoted to Trump's interactions with Mike Pence, who was his running mate and vice president at the time, and whom Trump attempted to persuade to use his official position as overseer of Congress's certification of the election results on January 6, 2021, to reverse his loss.
That same day, Trump delivered an energizing address, and then his followers swarmed the Capitol, fighting police while yelling "hang Mike Pence." Lawmakers fled for their lives. According to the prosecution, Trump said "so what?" when informed by a White House official that Pence had been transferred to a safe place as he was watching news coverage of the violence on TV.
The prosecution stated that, in light of the Supreme Court's immunity ruling, they will not be utilizing that interaction throughout the trial.
The filing consistently used Pence's name. Details of their whereabouts and activities reveal their probable identities, however the names of numerous additional Trump associates, state officials, and members of his administration that he went after are obscured.
The document reveals that Trump made fun of his allies' public assertions about him behind his back in private. One example is a phone conversation between Trump and an unnamed lawyer, who seems to be Sidney Powell; the president allegedly put Powell on mute and labeled Powell's assertions "crazy" in the recording.
According to the report, Trump allegedly threatened Pence with "are gonna hate your guts" and "think you're stupid" on January 1, 2021, if the vice president did not refuse to certify the victory of Democratic candidate Joe Biden. In response to the revelations, Trump spokesman Steven Cheung said, "This entire case is a partisan, Unconstitutional Witch Hunt that should be dismissed entirely, together with ALL of the remaining Democrat hoaxes."
This is just one of many criminal prosecutions that Trump has rejected this year as an effort to derail his reelection campaign. Among the many accusations leveled against Trump in the filing is that he planned to declare victory too soon, that he tried to "manipulate" Pence into helping him hold onto power, and that he replaced his campaign legal team when they supposedly refused to back claims of voter fraud.
Details of interactions with key Trump administration officials, including Pence and White House chief-of-staff Mark Meadows, who testified before the grand jury during the inquiry, are provided in the document. Thursday saw the submission of the court file by the prosecutors, but it was not made public until U.S. District Judge Tanya Chutkan approved the redactions that were sought. Defendants in Trump's legal battle argued that Smith should not be permitted to release a comprehensive court document outlining their evidence just weeks before the election, on the grounds that it would be improper. In light of the Supreme Court's decision, they contend the whole lawsuit ought to be dismissed.
Parts of grand jury testimony, search warrant evidence, and transcripts of interviews with potential witnesses were included in the prosecution's court filing. After analyzing the evidence, Chutkan may release the records with redactions; but, Trump's lawyers have until October 10 to object.
The accusations will probably be dropped by the Justice Department at Trump's direction if he is elected. Attorneys for the prosecution cited a tweet Trump made as the brawl was happening in the Capitol, in which he claimed that Pence "didn't have the courage to do what should have been done" when the election was certified by Congress. The tweet, according the prosecution, "was not a message sent to address a matter of public concern and ease unrest; it was the message of an angry candidate upon the realization that he would lose power."
