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?”
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Prosecutors said they did not plan to use that interaction at trial, given the Supreme Court’s immunity ruling.
It 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.
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 on Thursday, but US District Judge Tanya Chutkan had to approve proposed redactions before it was made public.
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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.
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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