Trump said 'so what' to Pence evacuating Capitol, more claims from Jack Smith's filing
A court filing unsealed Wednesday reveals new details in the allegations against Donald Trump in his federal election subversion case.
The revelatory filing by Justice Department special counsel Jack Smith attempts to prove to the court that Trump was acting as a private citizen in his alleged efforts to overturn the 2020 election, a crucial distinction following the Supreme Court's presidential immunity ruling.
While there is unlikely to be any hearings or trials in this case ahead of the Nov. 5 election, the 165-page filing is a detailed outline of what Smith's team has gathered to make the case that Trump conspired to overturn the election and obstructed Congress on Jan. 6, 2021.
Trump has pleaded not guilty, and his lawyers called the filing a “monstrosity" and a “false hit piece."
Here is what to know about the filing, the case and Trump's other legal charges:
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Trump said 'so what' to Pence being evacuated from Capitol, filing says
According to the filing, Trump allegedly disregarded concerns over former Vice President Mike Pence's safety during the Capitol attack.
Approximately 90 minutes after Pence publicly refused to overturn the election results and as rioters breached the Capitol, Trump criticized Pence on social media while sitting alone watching the news, the court filing claims. The Secret Service had to move Pence to a secure location shortly after.
"Upon receiving a phone call alerting him that Pence had been taken to a secure location, (redacted) rushed to the dining room to inform the defendant in hopes that the defendant would take action to ensure Pence's safety," Smith writes. "Instead, after (redacted) delivered the news, the defendant looked at him and said only, 'So what?'"
Rioters at the Capitol that afternoon chanted "Hang Mike Pence!" "Where is Pence? Bring him out!" and "Traitor Pence!" the filing states.
More: Pence says 'I did my duty that day' on Jan. 6, 2021
Trump planned to declare himself the winner on election night, prosecutors state
The filing alleges Trump laid the groundwork for his election conspiracies ahead of Election Day in 2020.
Evidence gathered by prosecutors indicated that campaign advisors told Trump ahead of the election the results could be misleading on election nights because later-counted mail-in ballots were likely to favor President Joe Biden.
"Privately, the defendant told advisors...that in such a scenario, he would simply declare victory before all the ballots were counted and any winner was projected," the filing states. "Publicly, the defendant began to plant the seeds for that false declaration."
In the early hours of the morning following election night, Trump did claim victory and baselessly claimed election fraud, records show.
Smith's team also argues his allies fomented chaos in this uncertain time between Election Day and the race results. They named one example of a campaign employee and alleged co-conspirator in Michigan, who responded to warnings of unrest with "make them riot" and "Do it!!!"
What are the charges against Trump?
Trump faces four charges of conspiring to overturn the election and obstructing Congress in counting Electoral College votes on Jan. 6, 2021. He has pleaded not guilty.
The Supreme Court ruled July 1 that former presidents are shielded from charges for conduct at the core of their office, such as pardons and vetoes, and are presumptively immune to charges for other official duties. But former presidents are not immune for private conduct, which prosecutors contend Trump was doing in electioneering to stay in office.
Smith alleged Trump's "increasingly desperate" criminal conduct included lying to state officials in seven states, to induce them to ignore true vote counts; manufacturing fraudulent electoral votes in targeted states; trying to enlist Pence to obstruct the certification of the election on Jan. 6, 2021; and directing an angry mob to the Capitol that day.
What is happening in Trump's other criminal cases?
New York hush money case: Trump was convicted for 34 counts of falsifying business records in May 2024. The sentencing is scheduled for Nov. 26.
Georgia election racketeering case: Trump and 14 other defendants remain in the case that accuses them of trying to steal the election in the state. The case is on hold while an appellate court decides on the defendants' motion to disqualify Fulton County District Attorney Fani Willis on allegations of misconduct and conflict of interest.
Federal classified documents case: U.S. District Judge Aileen Cannon dismissed the case that charges Trump with taking hundreds of classified documents and hoarding them. She argued special counsel Smith should have been confirmed by the Senate or Congress, a decision he is trying to appeal. Cannon, who was appointed by Trump, has made a number of unusual decisions in the case that have been favorable to Trump.
Contributing: Maureen Groppe, Aysha Bagchi, Josh Meyer
This article originally appeared on USA TODAY: Court filing unsealed in Trump's election conspiracy case: See claims