Special counsel Jack Smith provides fullest picture yet of his 2020 election case against Trump in new filing - Boston News, Weather, Sports | WHDH 7News

Contributing sentiments towards policy:

59% : An FBI Computer Analysis Response Team forensic examiner can testify about "the news and social media applications" on Trump's phone, Smith wrote in the filing, "and can describe the activity occurring on the phone throughout the afternoon of January 6."Those logs show that Trump "was using his phone, and in particular, was using the Twitter application, consistently throughout the day after he returned from the Ellipse speech.
57% : As part of those private conversations, prosecutors say, Pence "tried to encourage" Trump "as a friend" after news networks called the election for Biden.
52% : Trump argued that the deadline for his response should be extended five weeks, until November 21, given earlier extensions given to Smith, and he said that he should get the same four-fold increase on the usual page limit that Smith secured for his brief.
52% : "Smith said that three unidentified witnesses are also prepared to testify that on the afternoon of January 6, the television in the White House dining room where Trump spent much of the day was "on and tuned into news programs that were covering in real time the ongoing events in the Capitol.
52% : They include a November 7, 2020, conversation where Pence allegedly told Trump that he should focus on how he revived the Republican Party, as well as Pence's recollection of a Trump meeting with campaign staff, during which Trump was told the prospects of his election challenges looked bleak.
50% : That type of testimony would allow prosecutors to assert in court they have evidence of a moment like this:"At 2:24 p.m., Trump was alone in his dining room," prosecutors write in the filing, "when he issued a Tweet attacking Pence and fueling the ongoing riot: 'Mike Pence didn't have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify.
49% : "The filing weaves together what prominent witnesses told a federal grand jury and the FBI about Trump, along with other never-before-disclosed evidence investigators gathered about the former president's actions leading up to and on January 6.Releasing the motion, which was previously filed under seal, is the latest major development in Smith's longstanding effort to prosecute Trump for actions he took to overturn the 2020 election, even as the former president is seeking a second term in a tight race with Vice President Kamala Harris.
49% : The first section lays out the case prosecutors said they would attempt to prove at trial, including a summary of evidence; the second section gives Chutkan a roadmap for how to assess which actions are official - and therefore potentially covered by immunity - and which are not; the third section walks through how the principles should apply in Trump's case; the fourth is a brief conclusion that asks Chutkan to rule that the actions described are not protected by immunity and that Trump "is subject to trial on the superseding indictment.
49% : That prompted a laugh and a "we'll see" from Trump, the filings said.
47% : Nonetheless, Trump told his advisers that he would claim victory before the ballots were fully counted, prosecutors say.
47% : Pence, however, again refused and Trump "was incensed," the filing says.
44% : Ted Goodman, a spokesman for Giuliani, told CNN Wednesday night that the brief was "blatant election interference by Jack Smith, a person with a long track record of weaponizing the law for political gain.")In a follow up conversation, the White House official told Trump that Giuliani would not be able to prove his false claims in a court and Trump told the staffer, "The details don't matter.
43% : "The Government will elicit from Person 45 at trial that he was the only person other than the defendant with the ability to post to the defendant's Twitter account, that he sent tweets only at the defendant's express direction, and that person 45 did not send certain specific Tweets" - specifically a tweet Trump sent that said Pence didn't have the courage to block the certification of the vote.
42% : Trump also said that he should be allowed to file an extra brief in the back-and-forth over the immunity issues in the case, which would give him the final word in the written arguments submitted to Chutkan on the matter.
42% : "That testimony would allow prosecutors to show a future jury what Trump saw unfolding on TV while he made comments and posted online that afternoon.
42% : Prosecutors frame Trump conversations with Pence as between 'running mates'Even as they face a high bar for introducing evidence from Pence, Smith's team sought to do so by framing a series of interactions between the two as conversations between "running mates," where Pence tried to convince Trump he needed to accept his electoral defeat.
42% : In other interactions, Pence encouraged Trump to consider running for reelection in 2024.
33% : "Here's what to know from Smith's court filing:FBI knows how Trump used his phone on January 6FBI experts have mapped out what Trump was doing on his phone while the US Capitol riot unfolded.
33% : An unnamed White House aide, according to the filing, ran to Trump when he received a phone call that Pence had been taken to a secure location "in hopes that (Trump) would take action to ensure Pence's safety.
32% : According to prosecutors, Trump also showed his "desperate conduct as a candidate rather than a President" when rioters stormed the Capitol, forcing Pence to be moved to a secure location.
29% : Trump personally tweeted Pence 'didn't have the courage' to overturn electionTrump personally posted the tweet that Pence "didn't have the courage" to overturn the election results, prosecutors say.
29% : Prosecutors say they would call election officials in battleground states at Trump trialIn the filing released Wednesday, prosecutors identify witnesses they hope to call at a trial to testify against Trump - including election officials in battleground states and his White House deputy chief of staff.
26% : And, they'd like to show the jury tweets that they say can prove Trump was driving the public campaign of fraud in the election, as he knew there was none that was widespread enough to overturn his loss.
26% : At trial, prosecutors say they would like to call the only other adviser to Trump who had access to his Twitter account to testify that Trump was sending tweets on January 6 that would put pressure on Pence to stop the counting of the electoral votes at the Capitol.
25% : The 165-page document, which lands weeks before an election in which Trump is taking another shot at the White House, offers new detail about special counsel Jack Smith's investigation into the former president's efforts to lean on state officials and paint a narrative of widespread fraud that prosecutors say Trump knew was untrue.
25% : It was then that Trump "set into motion the last plan in furtherance of his conspiracies: if Pence would not do as he asked, (Trump) needed to find another way to prevent the certification of Biden as president," the filing says.
24% : That adviser, not identified by name by prosecutors, also described the Democratic lean of the mail ballot vote as "a natural disadvantage" and said, "Trump's going to take advantage of it.
24% : "Trump sought to 'perpetuate himself in power'Smith's office stressed the private and political nature of Trump's actions around the 2020 election.
24% : Trump tried again to pressure Pence on the morning of January 6, shortly before driving to deliver his speech at the Ellipse, prosecutors say.
23% : The case, which has already reached the Supreme Court once, has repeatedly been delayed as Trump has attempted to push off the prosecution until after next month's election.
21% : At a November 12 lunch, Pence told Trump that he didn't have to concede but he could "recognize process is over," prosecutors said, and during a November 23 phone call, Trump allegedly told Pence that one of his private attorneys were skeptical about the election challenges.
20% : In that meeting, the special counsel wrote that Trump threatened to criticize him publicly.Smith says that Pence told someone identified only as "P8" about that comment, and that P8 was so concerned by the prospect that he alerted Pence's Secret Service detail.
19% : Trump told family: 'It doesn't matter if you won or lost the election'Prosecutors allege they have a witness who will testify that Trump told family members, "It doesn't matter if you won or lost the election.
19% : On January 5, 2021, Trump once again met with Pence to allegedly try to pressure him not to certify the Electoral College votes.
16% : Trump told advisers he would declare victoryProsecutors say that Trump was told by advisers that the 2020 vote likely would not be finalized on Election Day and that he could misleadingly look ahead in the ballot count on election night only to fall behind once all of the ballots were counted.
15% : "White House staffer 'P9' details planning meetingsProsecutors focus in particular in the filing on what Trump learned from a White House staffer referred to in the filings as "P9," as they try to show that Trump was well aware he had lost the election as he pressed on with the reversal schemes.
14% : At the time he posted the tweet, prosecutors say Trump knew his request for Pence to block the Electoral College votes was illegal; knew that his supporters gathered in Washington, DC, believed his lies during his speech at the Ellipse that the election had been stolen; and knew that those supporters had now breached the Capitol building.
14% : The person, identified only as "P9," appears to have personally had discussions over the phone about the fake electors strategy with Trump, and had repeated text conversations with other people in the campaign about how the strategy was "crazy" or "illegal," according to the filing.
14% : "Trump, according to prosecutors, looked at the aide and simply replied, "So what?"Prosecutors lean on Hatch Act to bolster Trump chargesSmith is again using the Hatch Act - which limits the political activities of federal employees - to bolster the 2020 election subversion charges against Trump.
13% : "Secret Service was warned about Pence's safety, prosecutors sayAccording to prosecutors, the Secret Service was warned about Trump threatening to criticize Pence if he failed to overthrow the election results.
11% : When Trump told the staffer he would not pay the private lawyer spearheading his legal challenges unless the challenges were successful, the staffer told Trump that the private attorney would never be paid.
11% : "The brief lays out several other interactions between the White House staffer and Trump in which Trump was told that the election fraud claims wouldn't hold up in court.
6% : The DOJ pushed out this latest 'hit job' today because JD Vance humiliated Tim Walz last night in the Debate," Trump posted on Truth Social.
0% : Bill Barr decided to speak out against Trump's election lies after seeing him on Fox NewsThen-Attorney General Bill Barr decided in 2020 to publicly rebut Trump's false claims that the election was rigged after watching Trump spread these lies on Fox News, prosecutors say.

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