Donald Trump’s alleged attempts to overturn his 2020 election loss are outlined in a detailed 165-page document from the federal prosecutor investigating him.
The document, made public on Wednesday by a judge, describes how Special Counsel Jack Smith intends to pursue the case if it reaches trial—though that remains uncertain. Given that Trump could potentially end the prosecution if he regains the presidency, Smith may never have the chance to present his opening statement or call witnesses.
A Supreme Court ruling earlier this year determined that Trump cannot be prosecuted for official actions taken while in office, prompting Smith to reshape the case, arguing that Trump committed crimes as a private citizen.
Trump continues to deny any wrongdoing in his efforts to challenge Joe Biden’s certification as the election’s winner, while his campaign has labeled the filing as “falsehood-ridden.”
Here are five significant points from the prosecutor’s arguments and evidence presented on Wednesday.
1) Trump Intended to Declare Victory Regardless of Outcome
At some point after the election, Trump reportedly stated, “It doesn’t matter if you won or lost the election. You still have to fight like hell.” These remarks, as overheard by an unnamed assistant, are cited in the filing as evidence of Trump’s intent to overturn the election results.
The document also claims that Trump was preparing to contest the outcome even before Election Day. He was allegedly informed that the full results wouldn’t be available on the day most Americans cast their votes, but that he might appear to lead early on, before mail-in ballots—mostly favoring Democrats—were fully counted.
Due to the Covid-19 pandemic, a significant number of voters cast their ballots by mail. According to the filing, Trump told his advisers he would “declare victory before all ballots were counted and a winner was officially projected.”
Trump’s inner circle was reportedly well aware of his plan. A Trump adviser is quoted as telling a private gathering of supporters, “He’s going to declare victory. That doesn’t mean he’s won; it just means he’s going to say he’s won.”
2) He found some fraud claims ‘ridiculous’
The document outlines how Trump allegedly pushed forward with plans to declare victory in key battleground states, even as votes were still being counted. This strategy involved promoting baseless claims of widespread fraud.
However, it is reported that Trump viewed some of the fraud allegations made by his own supporters as outlandish.
The filing cites him telling aides that one lawyer, believed to be Sidney Powell, was making “ridiculous” assertions, likening them to something out of a science fiction series like Star Trek.
“Still, the defendant continued to endorse and amplify these claims,” the document notes.
In another instance, a White House official is said to have informed Trump that Rudy Giuliani, his personal attorney, wouldn’t be able to substantiate these fraud claims in court.
Trump reportedly replied, “The specifics don’t matter.”
3) Pence urged Trump to move forward
The growing tension between Pence and Trump after the election has been well-documented, and the new filing sheds additional light on how their relationship soured.
Special Counsel Smith contends that, because Trump and Pence communicated as running mates during the election, their interactions don’t constitute official acts.
According to the filing, Pence “slowly and tactfully” tried to convince Trump to accept the outcome of the election, even though it meant they would lose.
As Trump persisted with fraud claims and legal challenges, Pence reportedly suggested on November 12 a compromise: “Don’t concede, but acknowledge that the process is finished.”
A few days later, Pence encouraged Trump to accept defeat and prepare for a 2024 run. Trump allegedly responded: “I’m not sure. 2024 seems like a long way off.”
Then, on January 1, 2021, Trump reportedly told Pence that “hundreds of thousands of people are going to think you’re foolish” for accepting the election loss.
Just days later, on January 6, 2021, Trump supporters chanted for Pence’s execution as they stormed the Capitol, furious that he planned to certify Biden’s victory. Pence was escorted to safety in a secure location.
The filing reveals that when Trump was told Pence might be in danger, he allegedly shrugged it off, asking, “So what?”
4) Campaign team incited ‘disorder’ during vote tally
Mr. Smith’s team claims that Trump’s campaign intentionally stirred “disorder” in key battleground states, increasing the risk of violence.
In one instance, when a substantial batch of ballots from Detroit, Michigan—a Democratic stronghold—appeared to give Biden the lead, a Trump campaign operative reportedly instructed a colleague to “find a reason” to cast doubt on the legitimacy of the votes.
The colleague warned this might lead to unrest.
According to the filing, the operative responded: “Let them riot.”
Meanwhile, campaign officials in Pennsylvania, another critical swing state, allegedly instigated confrontations, later using these incidents to argue that observers were unfairly denied proper access to the vote count.
