Special counsel Jack Smith's conspiracy case against Donald Trump was unsealed by a federal judge on Wednesday, revealing detailed claims about the former president's efforts to stay in power in the aftermath of losing the 2020 election.
U.S. District Judge Tanya Chutkan released Smith's 165-page filing nearly one month before the 2024 election, in which Trump is the Republican nominee. Smith seeks the green light to proceed with the case before Trump can dismiss it if he wins, based on the Supreme Court's July ruling on presidential immunity.
Smith's election conspiracy case points to Trump's "private criminal conduct" in orchestrating the events of Jan. 6, 2021, when pro-Trump mobs stormed the U.S. Capitol in an attempt to disrupt the election's certification. President Joe Biden was certified as the winner but Trump has maintained his unfounded claims that the election was "rigged."
"When the defendant lost the 2020 presidential election, he resorted to crimes to try to stay in office," according to the court filing, which redacted the names of others facing charges. "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."
The motion claims that one "co-conspirator" called on operatives to "create chaos" and told Trump to "make them riot" in response to Biden's election win. The filing points to incidents in Detroit and Philadelphia that reveal parts of the larger conspiracy.
"When the colleague suggested that there was about to be unrest reminiscent of the Brooks Brothers Riot (in Florida during the 2000 election), the campaign employee "responded 'Make them riot' and 'Do it!!!,' " according to the court document.
The filing also recounts how Trump's former vice president Mike Pence "tried to encourage" his ex-boss that they had lost the election and it was time to accept the results and turn his attention to running again in 2024. Trump instead took the advice of the unnamed co-conspirators in attempting to overturning the outcome, the motion said.
"When the defendant's White House staff participated in political activity on his behalf as a candidate, they were not exercising their official authority or carrying out official responsibilities," the motion said. "And when the President, acting as a candidate, engaged in Campaign-related activities with these officials or in their presence, he too was not engaging in official presidential conduct."
Smith is arguing that Trump's actions were not part of his official duties and therefore not immune from prosecution. But the clock is ticking for the judge to rule on whether to proceed with the case before the election -- or at all.
