5 key details in special counsel Jack Smith's Trump election case filing

A federal judge connected Wednesday unsealed a cardinal filing from peculiar counsel Jack Smith's updated predetermination interference lawsuit against erstwhile President Donald Trump.

U.S. District Judge for the District of Columbia Tanya Chutkan unsealed Smith's 165-page filing, successful which Smith argues that Trump is not immune from prosecution for his alleged transgression strategy to overturn the 2020 predetermination results. Smith submitted the papers aft the U.S. Supreme Court earlier this twelvemonth ruled that a president is immune from prosecution for authoritative acts. 

"Although the suspect was the incumbent President during the charged conspiracies, his strategy was fundamentally a backstage one," Smith wrote. "Working with a squad of backstage co-conspirators, the suspect acted arsenic a campaigner erstwhile helium pursued aggregate transgression means to disrupt, done fraud and deceit, the authorities relation by which votes are collected and counted — a relation successful which the defendant, arsenic President, had nary authoritative role." 

The Supreme Court's determination successful Trump v. United States held that Smith could not prosecute Trump for the president's alleged usage of the Justice Department to look into unproven claims of wide elector fraud successful the 2020 election. In response, Smith filed an updated indictment that revised the allegations against Trump to acceptable wrong the scope of the Supreme Court's decision. 

JUDGE UNSEALS KEY FILING IN SPECIAL COUNSEL'S ELECTION CASE AGAINST TRUMP

Special counsel Jack Smith delivers remarks connected a precocious unsealed indictment including 4 felony counts against erstwhile President Donald Trump astatine the Justice Department connected Aug. 1, 2023, successful Washington, D.C. Trump was indicted connected 4 felony counts for his alleged efforts to overturn the 2020 election. (Alex Wong/Getty Images)

In the unsealed filing, Smith told the tribunal that Trump is not immune from the remaining allegations against him and laid retired his lawsuit for wherefore Trump "must basal proceedings for his backstage crimes." 

Trump has pleaded not guilty to each charges brought against him by Smith.

Here are 5 cardinal details from the peculiar counsel's caller filing, which is partially redacted: 

1. Smith's ‘factual proffer’ 

In the filing unsealed Wednesday, Smith outlined a "factual proffer," alleging Trump "resorted to crimes to effort to enactment successful office" aft losing the 2020 statesmanlike election.

"With backstage co-conspirators, the suspect launched a bid of progressively hopeless plans to overturn the morganatic predetermination results successful 7 states that helium had lost—Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin," Smith wrote. 

"His efforts included lying to authorities officials successful bid to induce them to disregard existent ballot counts; manufacturing fraudulent electoral votes successful the targeted states; attempting to enlist Vice President Michael R. Pence, successful his relation arsenic President of the Senate, to obstruct Congress’s certification of the predetermination by utilizing the defendant’s fraudulent electoral votes; and erstwhile each other had failed, connected January 6, 2021, directing an aggravated assemblage of supporters to the United States Capitol to obstruct the legislature certification." 

PROSECUTORS REQUEST INDEFINITE DELAY IN TRIAL FOR TRUMP ASSASSINATION ATTEMPT SUSPECT RYAN ROUTH

Smith claims that the "throughline of these efforts was deceit," alleging Trump and co-conspirators engaged successful a conspiracy to interfere with the national authorities relation by which the federation collects and counts predetermination results, which is acceptable distant successful the Constitution and the Electoral Count Act (ECA); a conspiracy to obstruct the authoritative proceeding successful which Congress certifies the morganatic results of the statesmanlike election; and a conspiracy against the rights of millions of Americans to ballot and person their votes counted." 

Republican statesmanlike nominee, erstwhile President Donald Trump speaks to attendees during a run rally astatine the Prairie Du Chien Area Arts Center connected Sept. 28, 2024 successful Prairie du Chien, Wisconsin. (Brandon Bell/Getty Images)

2. Smith claims Trump's idiosyncratic lawyer told POTUS predetermination fraud claims were ‘bulls---’ 

Smith claims that respective radical adjacent to Trump had told the erstwhile president his claims of predetermination fraud were "bulls---." 

According to Smith, successful 1 conversation, an unnamed Trump lawyer had told Trump that the run was "looking into his fraud claims and had adjacent hired outer experts to bash so, but could find nary enactment for them." 

"He told the suspect that if the Campaign took these claims to court, they would get slaughtered due to the fact that the claims are each ‘bulls---,’" the filing states, with Smith claiming that a lawyer discussed with Trump the investigations and "debunkings connected each large claims." 

For example, the lawyer allegedly told Trump that Georgia's audit disproved claims that votes had been altered. 

TRUMP BLASTS DOJ FOR ‘ELECTION INTERFERENCE,’ CALLS JACK SMITH CASE A ‘SCAM’ AFTER JUDGE UNSEALS KEY FILING

This photograph from Jan. 6, 2021 shows President Donald Trump supporters swarming the Capitol, arsenic Congress prepares to affirm President-elect Joe Biden's victory. (AP Photo/John Minchillo)

Smith besides claims a elder run advisor who spoke with Trump connected a "daily basis" and had "informed him connected aggregate occasions that assorted fraud claims were false" had complained that Trump was losing his predetermination lawsuits due to the fact that his lawyers could not backmost up mendacious claims astir the election.

"When our probe and run ineligible squad can't backmost up immoderate of the claims made by our Elite Strike Force Legal Team, you tin spot wherefore we're 0-32 connected our cases," the run advisor allegedly wrote.

"I'll evidently hustle to assistance connected each fronts, but it's pugnacious to ain immoderate of this erstwhile it's each conscionable conspiracy s--- beamed down from the mothership."  

3. New details connected Trump's interactions with Vice President Mike Pence

The filing details respective alleged interactions betwixt Trump and erstwhile Vice President Mike Pence successful the days pursuing the election.

Smith details a Nov. 7, 2020, telephone betwixt Pence and Trump successful which Pence allegedly "tried to encourage" Trump "as a friend" by reminding him that helium "took a dying governmental enactment and gave it a caller lease connected life." 

Smith besides details a backstage luncheon betwixt Trump and Pence connected Nov. 12, 2020, erstwhile Pence allegedly gave Trump a "face-saving option." That option, according to the filing, was "don’t concede but admit the process is over." 

In different backstage luncheon betwixt Trump and Pence connected Nov. 16, 2020, Pence allegedly tried to promote Trump to judge the results of the predetermination and tally again successful 2024. Trump is alleged to person responded, "I don’t know, 2024 is truthful acold off." 

TRUMP TRIAL STEMMING FROM JACK SMITH'S PROBE DELAYED PAST ELECTION DAY

Then-President Trump, left, looks connected aft a quality league with then-Vice President Mike Pence successful the Brady Press Briefing Room astatine the White House connected Feb. 26, 2020 successful Washington, D.C. (Tasos Katopodis/Getty Images)

In yet different backstage luncheon connected Dec. 21, Pence allegedly "encouraged" Trump "not to look astatine the predetermination ‘as a nonaccomplishment – conscionable an intermission.'" Later that time successful the Oval Office, Trump allegedly asked Pence for proposal connected what helium should do. According to Smith, Pence said, "after we person exhausted each ineligible process successful the courts and Congress, if we inactive came up short, Trump should ‘take a bow.’" 

Additionally, Smith reveals that Trump allegedly showed small respect for Pence's information during the Jan. 6, 2023 riot astatine the U.S. Capitol aft it became wide that Pence would not enactment his effort to halt the certification of the election. 

Smith alleges that an unnamed Trump aide, "upon receiving a telephone telephone alerting him that Pence had been taken to a unafraid location… rushed to the eating country to pass the suspect [Trump] successful hopes that the suspect would instrumentality enactment to guarantee Pence’s safety." 

Smith writes that instead, aft the adjutant delivered the news, Trump "looked astatine him and said only, ‘So what?'" 

4. White House staffer allegedly overhears Trump say, ‘It doesn’t substance if you won oregon lost' 

Smith alleges that Trump astatine aggregate times showed implicit disregard for those who informed him his claims of elector fraud were false, including Republican elections officials successful states wherever Trump had claimed the predetermination was stolen. 

"Election officials, for instance, issued property releases and different nationalist statements to combat the disinformation that the suspect and his allies were spreading," Smith wrote. "At 1 constituent agelong aft the suspect had begun spreading mendacious fraud claims, [REDACTED], a White House staffer traveling with the defendant, overheard him archer household members that ‘it doesn’t substance if you won oregon mislaid the election. You inactive person to combat similar hell." 

Smith goes connected to asseverate that Trump and his ineligible squad "repeatedly changed the numbers successful their baseless fraud allegations from time to day," and adjacent "made up figures from full cloth." 

TRUMP INDICTED A SECOND TIME IN ELECTION SUBVERSION CASE BROUGHT BY SPECIAL COUNSEL JACK SMITH

In this Jan. 6, 2021 photo, protesters loyal to then-President Trump tempest the Capitol successful Washington, D.C. (AP Photo/John Minchillo)

The peculiar counsel claimed Trump "was connected announcement that determination was nary grounds of wide predetermination fraud successful Arizona wrong a week of the election" and claimed Trump besides "had aboriginal announcement that his claims of predetermination fraud successful Georgia were false." 

By the clip Trump spoke astatine his rally connected Jan. 6, aft Pence had refused to halt the certification of the election, Smith said the erstwhile president knew his "last hope" to overturn the results was "the ample and aggravated assemblage lasting successful beforehand of him." 

"So for much than an hour, the suspect delivered a code designed to inflame his supports and motivate them to march to the Capitol. The suspect told the assemblage galore of the aforesaid lies helium had been telling for months—privately and publicly, including to the officials successful the targeted states—and that helium knew were not true."

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5. Smith presents lawsuit against statesmanlike immunity

Smith argues that based connected a "factbound analysis" of Trump's conduct, the tribunal should find that the erstwhile president was not acting successful his authoritative capableness erstwhile helium challenged the predetermination results and is truthful not immune from prosecution. 

"None of the allegations oregon grounds is protected by statesmanlike immunity," Smith wrote, asserting Trump's "scheme was a backstage one." 

"He extensively utilized backstage actors and his run infrastructure to effort to overturn the predetermination results and operated successful a backstage capableness arsenic a campaigner for office," Smith claimed. "To the constricted grade that the superseding indictment and proffered grounds bespeak authoritative conduct, however, the Government tin rebut the presumption of immunity due to the fact that relying connected that behaviour successful this prosecution volition not airs a information of intrusion connected the authorization oregon functions of the Executive Branch." 

Fox News Digital's Brooke Singman and Fox News' Jake Gibson contributed to this report.