Judge Tanya Chutkan has unsealed portions of a filing from prosecutors that argue for the continuation of the case against former US President Donald J Trump, despite the Supreme Court’s recent ruling on presidential immunity. The special counsel, Jack Smith, contends that Trump is not shielded from prosecution on federal charges related to his efforts to overturn the 2020 election, according to the New York Times.
The disclosed brief adds crucial details to the extensive record regarding Trump’s attempts to retain power after losing the election. Among the revelations is a social media post Trump made on January 6, 2021, the day of the Capitol attack. In the post, he said that vice president Mike Pence had “let them all down.” Smith argues that this post should be seen as an act of a desperate candidate rather than an official act of a sitting president, which would typically warrant immunity under a landmark Supreme Court ruling from this summer.
As the Capitol riot unfolded, an aide entered the Oval Office to inform Trump of the situation, hoping he would act to ensure Pence’s safety. Instead, Trump reportedly responded, “So what?” This exchange was also revealed through grand jury testimony included in the brief.
The document also noted that Trump had previously received “an honest assessment” from one of his lawyers, who informed him that his claims of widespread fraud in the election would likely not hold up in court. Trump said, “The details don’t matter.”
Additionally, the brief recounts a private lunch in mid-November 2020, during which Pence urged Trump to accept his election loss and consider running again in 2024. Trump’s response, “I don’t know, 2024 is so far off,” indicates his unwillingness to confront the reality of his defeat.
Smith’s 165-page brief was filed under seal last week to assist Judge Chutkan in determining which parts of the indictment could withstand the Supreme Court’s ruling granting Trump immunity for many official acts during his presidency. Prosecutors asserted that Trump’s conduct was not official but rather a private scheme to overturn the election, saying, “Although the defendant was the incumbent president during the charged conspiracies, his scheme was fundamentally a private one.”
The brief serves not only a legal purpose but also functions as a trial brief, presenting Smith’s comprehensive findings from nearly two years of investigation into Trump’s actions surrounding the election. The filing was accompanied by a sealed appendix containing FBI interviews, search warrant affidavits, and grand jury testimony.