‘Doesn’t matter if you lost’: New details of Trump’s bid to overturn election loss revealed

Washington: US prosecutors said Donald Trump was acting outside the scope of his duties as president when he pressured state officials and then-vice president Mike Pence to try to overturn his 2020 election defeat, in a court filing made public on Thursday.

The 165-page filing is likely the last opportunity for prosecutors to detail their case against Trump before the November 5 election, given there will not be a trial before Trump faces Democratic Vice President Kamala Harris.

Former US president Donald Trump and special counsel Jack Smith.Credit: AP, Reuters

The filing is meant to keep the federal criminal election subversion case against the Republican presidential candidate alive, following a July US Supreme Court ruling that presidents have broad immunity from prosecution for their official actions in office.

Prosecutors working with Special Counsel Jack Smith laid out a sweeping account of Trump’s conduct following the 2020 election, much of which has already been made public through news reports, findings from the House committee that investigated the Capitol riot, or the indictment obtained by Smith in the case.

It includes an allegation that a White House staffer heard Trump tell family members: “It doesn’t matter if you won or lost the election. You still have to fight like hell.”

Trump has pleaded not guilty to four criminal charges accusing him of a conspiracy to obstruct the congressional certification of the election, defraud the US out of accurate results and interfere with Americans’ voting rights.

Former vice president Mike Pence.Credit: AP

Much of the filing focuses on Trump’s dealings with Pence, who Trump tried to pressure into using his official role overseeing Congress’ certification of the election results on January 6, 2021, to overturn his defeat.

Trump gave a fiery speech that day before his supporters stormed the Capitol, battling police, sending lawmakers running for their lives, and chanting “hang Mike Pence”.

Prosecutors allege that Trump was watching news coverage of the riot on TV when a White House aide told him Pence had been taken to a secure location, with the then-president responding: “So what?”

Prosecutors said they did not plan to use that interaction at trial, given the Supreme Court’s immunity ruling.

The filing also alleges that on January 1, 2021, Trump warned Pence that people “are gonna hate your guts” and “think you’re stupid” if he didn’t block certification of Democratic President Joe Biden’s win.

Trump spokesperson Steven Cheung blasted the disclosures, saying: “This entire case is a partisan, Unconstitutional Witch Hunt that should be dismissed entirely, together with ALL of the remaining Democrat hoaxes.”

Trump has rejected this case and multiple other criminal prosecutions he faced this year as politically motivated attempts to prevent him from returning to power.

The filing presents a detailed narrative of the evidence prosecutors intend to use if the case goes to trial, accusing Trump of plotting even before the election to declare victory prematurely, replacing his campaign legal team when they allegedly would not support allegations of voter fraud, and attempting to “manipulate” Pence into aiding his effort to hold on to power.

Rioters loyal to president Donald Trump overrun the US Capitol in Washington on January 6, 2021, trying to overturn the 2020 election result.Credit: AP

The filing provides details of conversations with senior officials in Trump’s administration, including Pence and White House chief of staff Mark Meadows, who appeared before the grand jury during the investigation.

Prosecutors submitted the court filing last week, but US District Judge Tanya Chutkan had to approve proposed redactions before it was made public.

Pence was identified by name throughout. The names of many other members of Trump’s administration and state officials he targeted are blacked out in the filing, though details of their locations and actions make their likely identities clear.

Faithful America members on Wednesday gathered near the organisation’s 4.5-metre-tall golden calf resembling Donald Trump in front of the US Capitol Building to showcase the group’s opposition.Credit: AP

Trump’s lawyers opposed allowing Smith to issue a sweeping court filing laying out their evidence, arguing it would be inappropriate to do so weeks before the election. They have argued the entire case should be tossed out based on the Supreme Court’s ruling.

If Trump wins the election, he is likely to direct the Justice Department to drop the charges.

Prosecutors also highlighted a Twitter post that Trump sent during the Capitol riot in which he said Pence “didn’t have the courage to do what should have been done” during the congressional certification of the election.

Prosecutors said that post “was not a message sent to address a matter of public concern and ease unrest; it was the message of an angry candidate upon the realisation that he would lose power”.

Reuters

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