A recently partially unsealed legal document prepared by Special Counsel Jack Smith outlined his argument that former President Donald J. Trump could face federal charges for alleged attempts to overturn the 2020 election. However, the document, a detailed 165-page evidence filing in Trump’s election fraud case, has been characterized as a “significant victory” for Trump’s legal team.
Former prosecutor Joyce Vance, speaking on the podcast Stay Tuned With Preet Bharara, stated that the filing benefits Trump by disclosing the identities of potential witnesses and offering a glimpse into the structure of the case against him. “This brief puts Trump’s team in a better position to respond, to make their own immunity arguments, and to prepare their case,” Vance said according to Newsweek. “This is, in fact, a win for Trump. And I guarantee you that nobody in the public who spent their time reading 165 pages in detail didn’t have their mind already made up about this election, right? The broad contours here, they are well known. This is not impacting the election.”
On the podcast, Vance and host Preet Bharara discussed their disagreement with the portrayal of Jack Smith’s evidence brief. Bharara clarified that he does not overly idolize Smith, stating he doesn’t believe Smith “walks on water.” However, he pushed back against criticism from CNN’s Elie Honig, who called the move unfair, rejecting the idea that Smith is on an “obsessive quest” to target Trump. Instead, Bharara argued that Smith’s actions are aimed at seeking justice for the American public. Vance agreed, noting that Smith is diligently “keeping his head down.”
The 165-page filing, released last week by U.S. District Judge Tanya Chutkan, details Trump’s actions, including phone calls, pressure campaigns, and litigation efforts in key states such as Georgia, Michigan, Pennsylvania, Wisconsin, and Nevada.
According to Smith, Trump used both direct and indirect tactics, including pressuring state officials to investigate alleged voter irregularities and filing lawsuits in multiple states to challenge the election results. The document describes how Trump’s allies, including attorneys and campaign staff, coordinated these efforts. It also highlights a call Trump made to Georgia’s Secretary of State, urging a thorough vote review.
The motion also outlines how Trump’s legal team attempted to address potential issues with voting machines and raised allegations of fraud. Despite multiple investigations and court rulings affirming the election results, Trump and his associates persisted, utilizing campaign resources and urging state legislatures to consider appointing alternate slates of electors. The document details interactions where Trump’s team proposed organizing these alternate electors in several states, aiming to provide Vice President Mike Pence with a basis to question the electoral vote count on January 6, 2021.
