Prosecutors Lay Out Evidence Against Trump In Jan. 6 In Now-Unsealed 165-Page Brief

WASHINGTON ― In a 165-page court filing unsealed Wednesday, federal prosecutors laid out their evidence against Donald Trump on four felony charges for his conduct leading up to and during his Jan. 6, 2021, coup attempt.

“This motion provides a comprehensive account of the defendant’s private criminal conduct; sets forth the legal framework created by Trump for resolving immunity claims; applies that framework to establish that none of the defendant’s charged conduct is immunized because it either was unofficial or any presumptive immunity is rebutted; and requests the relief the government seeks, which is, at bottom, this: that the court determine that the defendant must stand trial for his private crimes as would any other citizen,” special counsel Jack Smith wrote.

The question of immunity became key thanks to a July Supreme Court ruling stating that all official acts done by a president are immune from prosecution, but left it to the trial court to determine whether Trump’s attempt to remain in power were “official.”

“The answer to that question is no,” Smith argued.

The filing was unsealed by U.S. District Judge Tanya Chutkan, the judge in the case. It can be read here.

Trump’s lawyers had argued that everything their client did leading up to Jan. 6 was covered by the Supreme Court ruling, and requested that Chutkan not allow the public to see any of the evidence Smith has collected against Trump.

Chutkan rejected that and, in a order also filed Wednesday, ruled that Smith would be permitted to file a version of his brief with some names and details redacted. Wednesday’s brief by Smith is riddled with blacked-out words and phrases in the section providing the narrative of the indictment.

The plot detailed by Smith shows an effort unconcerned with the truth, even if it could lead to rioting.

When a campaign aide warned a Trump operative ― both of whose names have been blacked out ― that attempts to block vote counting in Detroit could lead to unrest, the operative responded “Make them riot” and “Do it!!!”

“The defendant’s campaign operatives and supporters used similar tactics at other tabulation centers, including in Philadelphia, Pennsylvania, and the defendant sometimes used the resulting confrontations to falsely claim that his election observers were being denied proper access,” Smith wrote.

When one of his private lawyers, apparently a childhood friend of Jared Kushner, repeatedly told Trump that he had lost and that the legal cases were not going to succeed, Trump replied that “the details don’t matter,” Smith wrote.

This is a developing story. Check back for updates.