Wednesday, October 02, 2024

Smith: Trump Resorted to Crimes to Stay in Office after Loss

Donald Trump's actions to overturn his election loss were "fundamentally" a private endeavor, the special counsel argued.

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... Former President Donald Trump was "fundamentally" acting as a private candidate for office and not as president of the United States when he sought to overturn his 2020 election loss, special counsel Jack Smith's team argued in a filing on Wednesday that revealed new details of the scheme at the heart of Trump's federal election interference case.

The filing is a response to the Supreme Court ruling that Trump had immunity for some actions he took as president and that prosecutors could not use his official acts in their case. Smith's team argued the 2024 Republican presidential nominee "must stand trial for his private crimes as would any other citizen" and a federal grand jury returned a superseding indictment against him in August adjusting Smith's case to comply with the Supreme Court's order.

Trump "resorted to crimes to try to stay in office" after his loss, Smith's team wrote in Wednesday's filing, arguing that he launched "a series of increasingly desperate plans to overturn the legitimate election results in seven states that he had lost -- Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin." ...


#1 | Posted by LampLighter at 2024-10-02 04:47 PM

Make them riot'

-Trump

#2 | Posted by lee_the_agent at 2024-10-02 04:53 PM

Crimes for which literally dozens of his underling co-conspirators are now in Prison or on trial now or about to be tried.

It's always the Mafia Don that is last convicted after all his minions have turned State's Evidence on him.

Much, but not all, of which we already saw in public testimony under Oath from dozens of his hand-picked Trumper aides and lawyers.

I'm buying popcorn stock today!

#3 | Posted by Corky at 2024-10-02 04:54 PM

The orange pedo is a felon.

storage.courtlistener.com

#4 | Posted by reinheitsgebot at 2024-10-02 04:59 PM

#3 | Posted by Corky

Th' 'popcorn' just ain't cuttin' it no more...

#5 | Posted by Angrydad at 2024-10-02 05:23 PM

Oh no! Anyway...

#6 | Posted by visitor_ at 2024-10-02 05:23 PM

At what point is he declared a flight risk?

#7 | Posted by Tor at 2024-10-02 05:29 PM

Traitors get the rope.

#8 | Posted by LegallyYourDead at 2024-10-02 05:37 PM

@#4

Thanks for the link to the PDF of the document.

165 pages, with excellent details.

Minute-by-minute timelines at some points,

The testimony of many Trump associates.


#9 | Posted by LampLighter at 2024-10-02 05:44 PM

Every witness in the entire document are people Trump chose to surround him, all by himself. I don't believe that there's a single Democrat testifying to Trump's criminal, anti-constitutional acts.

Trump is being hoist on his own petard by his own self-chosen people, or at least the ones who placed their allegiance to the Constitution over their allegiance to a vainglorious narcissistic grifting traitor who never placed America's well being above his own.

And now it's time to pay the piper.

#10 | Posted by tonyroma at 2024-10-02 05:53 PM

Among other highlights, Trump was focused on Twitter rather than protecting our democracy or the folks inside the Capitol.

#11 | Posted by AMERICANUNITY at 2024-10-02 05:58 PM

Big deal, Smith.

Jelly Donut Vance is "looking to the future."

#12 | Posted by anton at 2024-10-02 06:00 PM

"Jack Smith makes bombshell new claims in latest filing in Trump 2020 election fraud case... including plots to 'start riots'

Special Counsel Jack Smith unveils stunning new evidence in his latest filing in Donald Trump's January 6th case, surfacing private conversations with top aides and lawyers who ridiculed his election fraud claims as coming from outer space.

The 165-page filing, arguing that Trump's alleged conduct doesn't merit immunity under a new Supreme Court standard, casts Trump's as a plot by a private individual to steal the election " not protected conduct by a branch of government."

lots more... basically a news translation of the Brief:

www.dailymail.co.uk

"A senior campaign advisor identified as P4 told Trump on multiple occasions that his fraud claims were false.

'When our research and campaign legal team can't back up any of the claims made by our Elite Strike Force Legal Team, you can see why we're 0-32 on our cases.

I'll obviously hustle to help on all fronts, but it's tough to own any of this when it's all just conspiracy s*** beamed down from the mothership,' said the advisor in language dripping with sarcasm.

It also details a private attorney identified as CC1 " who appears to by Rudy Giuliani " testifying before a Georgia House committee and 'baselessly' accusing two election workers of passing around USB ports 'as if they are vials of heroin or campaign.'

The election workers were awarded $148 million in their defamation suit against Giuliani.

Trump has continued to suggest he won the election as recently as Tuesday during appearances in Wisconsin."

#13 | Posted by Corky at 2024-10-02 06:03 PM

To: The Usual Suspects
From: e1g1

At what point do you admit that an organized, documented effort (including a lot of video evidence) to incite an overthrow of the government is treason?

#14 | Posted by e1g1 at 2024-10-02 06:13 PM

In the article, the lead photo shows Trump in Oompa-Loompa Orange face. That photo was taken one week ago.

smh

He is very likely to be elected. Then we will get 2016-2021 squared: more insanity, incompetent toady cabinet, no checks on abuse of power, lots of golf, and LOTS of grifting billed to the taxpayer. The likelihood of a disaster unaddressed (remember Covid?) will be much higher.

I am so sad for Americans who say "but prices were lower!" forgetting that prices started to increase rapidly during the second half of 2020. These same people don't see prices coming down (slowly but...) this year.

#15 | Posted by e1g1 at 2024-10-02 06:19 PM

Section I provides a detailed statement of the case that the Government intends to prove at trial. Begins at about the middle of page 3.

Section II sets forth the legal principles governing claims of presidential immunity. It explains that, for each category of conduct that the Supreme Court has not yet addressed, this Court should first determine whether it was official or unofficial by analyzing the relevant "content, form, and context," id. at 2340, to determine whether the defendant was acting in his official capacity or instead "in his capacity as a candidate for re-election." Begins at about the middle of page 85.

Section III then applies those legal principles to the defendant's conduct and establishes that nothing the Government intends to present to the jury is protected by presidential immunity. Begins a little down page 88.

Finally, Section IV explains the relief sought by the Government and specifies the findings the Court should make in a single order"namely, that the defendant's conduct set forth in Section I is not immunized, and that as a result, the defendant must stand trial on the superseding indictment and the Government is not prohibited at trial from using evidence of the conduct described in Section I. About the middle of page 164.

#16 | Posted by et_al at 2024-10-02 06:27 PM

"At what point do you admit that an organized, documented effort (including a lot of video evidence) to incite an overthrow of the government is treason?'

Dang...where's ol' Robson when ya need 'im???

#17 | Posted by Angrydad at 2024-10-02 07:17 PM

Jack Smith has the goods on Trump. New details:

The filing said that when the co-conspirator was told that a batch of votes appeared to be heavily in favor of Biden, he replied, "find a reason it isn't," so as to "give me options to file litigation," adding, "even if it [is]."

When a colleague suggested to the co-conspirator (Trump) that this could risk creating a scene reminiscent of the so-called "Brooks Brothers Riot" " an infamous bid to interfere with Florida's vote-counting effort in the 2000 presidential election " the co-conspirator (Trump) "responded, Make them riot' and Do it!!!,'" according to the filing.

www.cnbc.com

#18 | Posted by AMERICANUNITY at 2024-10-02 07:28 PM

Angrydad:

I think several of our brethren on the Conservative side of the aisle are waiting for FauxNews, Newsmax, and Donald Trump Jr. to email them the talking points!

#19 | Posted by e1g1 at 2024-10-02 07:33 PM

@#16

In another thread, you cited this link...

Federal judge unseals Jack Smith immunity filing in Trump's Jan. 6 case ...
www.courthousenews.com

thx.


#20 | Posted by LampLighter at 2024-10-02 07:38 PM

four more felonies.

enough already. revoke his bond and put him in jail. jfc.

#21 | Posted by Alexandrite at 2024-10-02 07:42 PM

its absurd that trump walks around freely. ANYONE ELSE would be sitting in jail by now.

#22 | Posted by Alexandrite at 2024-10-02 07:45 PM

If anyone but trump had organized a rally that lead to the complete occupation of the capital they would have been hung in the naval yard by now.

#23 | Posted by Tor at 2024-10-02 07:54 PM

Oh no! Anyway...

#6 | Posted by visitor_

Russians and fascists are totally unbothered by trump's coup attempt.

#24 | Posted by SpeakSoftly at 2024-10-02 07:55 PM

At what point is he declared a flight risk?
#7 | POSTED BY TOR

November 5th.

As soon as it appears he's losing the election.

Cause let me tell you. Should he win.

He's not going anywhere. Ever.

#25 | Posted by ClownShack at 2024-10-02 07:59 PM

The Left: It's an insurrection!!!!

The courts: No one has been charged with an insurrection

The Left: But Trump is guilty

The Courts: Prove it

#26 | Posted by lfthndthrds at 2024-10-02 08:07 PM

jack smith just proved it. Trump didnt even care Pence was in danger.

"so what?"

#27 | Posted by Alexandrite at 2024-10-02 08:08 PM

@#26

Your current alias' comment seems to portray the Left arguing against the Justice system.

Why is that, especially when most of the arguments and criticism of the Judicial system in the Jan6 cases has comes from the GOP.


#28 | Posted by LampLighter at 2024-10-02 08:13 PM

#26 | Posted by lfthndthrds

What did trump mean when he said Pence was TOO HONEST on jan 6th?

#29 | Posted by SpeakSoftly at 2024-10-02 08:16 PM

Trump blasts DOJ for 'election interference,' calls Jack Smith case a 'scam' after judge unseals key filing
www.foxnews.com

... During an election year, DOJ often holds off on major actions during the 60 days leading up to Election Day ...


Trump Claims Jack Smith Couldn't File Updated Indictment Before Election -- Here's Why That's False
www.forbes.com

... Former President Donald Trump claimed Tuesday that Special Counsel Jack Smith shouldn't be allowed to file an updated indictment against him in his federal election case so soon before the election, citing the Justice Department's "60-day rule""but that rule doesn't apply here, particularly as Smith brought the indictment long enough before the election. ...

--- The DOJ has long had an informal rule in place advising prosecutors not to take big steps in investigations"like bringing new indictments"within 60 days of an election if it could impact the results at all, which stems from a DOJ statute saying, "Federal prosecutors and agents may never select the timing of any action, including investigative steps, criminal charges, or statements, for the purpose of affecting any election."

- - - Legal experts argue that only applies to new investigations, however, and does not apply when a case is already in court, as the case is then out of the DOJ's hands and up to the judiciary to decide. ...



#30 | Posted by LampLighter at 2024-10-02 08:22 PM

#26

The insurrection was proven in court. Then the MAGAt wing if the United States Supreme Court decided the insurrection clause isn't self-executing and, since Congress never passed a law describing how an insurrectionist may be removed from a ballot, the decision was reversed. Then they gave Trump absolute immunity in a later decision. They also reversed Roe. Some "conservaactives". Trump's court is a sick joke.

#31 | Posted by anton at 2024-10-02 08:31 PM

"The Courts: Prove it" - #26 | Posted by lfthndthrds at 2024-10-02 08:07 PM

100% oops:

"The Courts"

#32 | Posted by Hans at 2024-10-02 08:41 PM

Alexandrite,

We still have legal system and yes, it even applies to Trump. Smith has allegations that he needs to prove beyond a reasonable doubt. Until that happens, Trump is a free man.

#33 | Posted by BellRinger at 2024-10-02 08:43 PM

Trump is a free man. = Trump is out on bail

MAGAts post and re-post 100% BS because they believe that everyone is as gullible and stupid as they are.

#34 | Posted by Hans at 2024-10-02 08:44 PM

@#31 ... The insurrection was proven in court. ...

Trump barred from Colorado primary ballot for role in US Capitol attack
www.reuters.com

... Former President Donald Trump is disqualified from serving as U.S. president and cannot appear on the primary ballot in Colorado because of his role in the Jan. 6, 2021, attack on the U.S. Capitol by his supporters, the state's top court ruled Tuesday.

The historic 4-3 ruling by the Colorado Supreme Court, likely to be taken up by the U.S. Supreme Court, makes Trump the first presidential candidate deemed ineligible for the White House under a rarely used constitutional provision that bars officials who have engaged in "insurrection or rebellion" from holding office. ...

[emphasis mine]


#35 | Posted by LampLighter at 2024-10-02 08:49 PM

"Smith has allegations that he needs to prove beyond a reasonable doubt. Until that happens, Trump is a free man."

Translation: I'll keep slurping, even after the 35th conviction.

#36 | Posted by Danforth at 2024-10-02 09:00 PM

We still have legal system and yes, it even applies to Trump. Smith has allegations that he needs to prove beyond a reasonable doubt. Until that happens, Trump is a free man.

#33 | Posted by BellRinger

Even if trump's corrupt judges prevent him from facing any consequences, everyone who lives in reality knows he attempted a coup.

#37 | Posted by SpeakSoftly at 2024-10-02 09:07 PM

The Left: It's an insurrection!!!!

The Right: It was just tourism!!!!!

Pour one out for Ashli Babbitt. She made it clear just how real the people inside the Capitol Building were taking it.

#38 | Posted by ClownShack at 2024-10-02 09:07 PM

And stole and hid classified documents

#39 | Posted by SpeakSoftly at 2024-10-02 09:07 PM

#35

Exactly my point.

#40 | Posted by anton at 2024-10-02 09:07 PM

"Why Supporters Don't Care if Trump Is a Crook"

cupblog.org

Columbia University Press

,

Obligatory:

www.youtube.com

37 secs

#41 | Posted by Corky at 2024-10-02 09:09 PM

Nothing bad happened on J6 ... . and if anything bad did happen it was "Anteefuh"!

#42 | Posted by anton at 2024-10-02 09:10 PM

A man was sentenced to 20 years for "attempted assassination" when he was sitting in his car with a gun.

But Trumpers can't fathom what the J6th mob could have done had they gotten their hands on a politician, like AOC or Ilan Omar or Schumer, or Hang Mike Pence!

BellRinger applauded the arrest of the man who turned himself in for thinking about assassinating Kavanaugh. But will defend J6ers till the cows come home.

#43 | Posted by ClownShack at 2024-10-02 09:12 PM

Alexandrite,

We still have legal system and yes, it even applies to Trump. Smith has allegations that he needs to prove beyond a reasonable doubt. Until that happens, Trump is a free man.

Posted by BellRinger at 2024-10-02 08:43 PM | Reply

One does not have to be convicted of an insurrection to be barred from holding public office. Precedent has already been established for this.

#44 | Posted by LauraMohr at 2024-10-02 09:42 PM

Trump being indicted for 4 more felonies is a violation of his probation
.

throw him in god damn jail.

#45 | Posted by Alexandrite at 2024-10-02 09:54 PM

constitution.findlaw.com

Is conviction necessary for a disqualification from holding public office?
So far, no. As discussed above, the disqualification clause was originally intended to keep people out of office who were part of the Confederacy. Most disqualified individuals were not convicted of a crime.

#46 | Posted by LauraMohr at 2024-10-02 10:04 PM

Precedent has already been established for this.

What precedent?

Trump being indicted for 4 more felonies is a violation of his probation [sic]

What probation?

#47 | Posted by et_al at 2024-10-02 10:05 PM

" Trump being indicted for 4 more felonies is a violation of his probation"

IIRC, not if the action(s) were commuted BEFORE the probation.

Regardless, Trump shooting a campaign commercial in Arlington should've landed him behind bars. But no judge wanted to put her-or-his staff in danger.

Ugly, but true.

#48 | Posted by Danforth at 2024-10-02 10:05 PM

What probation?

Pretty sure they mean bail instead.

#49 | Posted by tonyroma at 2024-10-02 10:19 PM

"BellRinger applauded the arrest of the man who turned himself in for thinking about assassinating Kavanaugh."

That was an "assassination attempt", according to Bellringer.

A standard he's steadfastly refused to apply to anyone without an (R) after their name.

If he didn't have double-standards, he'd have no standards at all.

#50 | Posted by Danforth at 2024-10-02 10:24 PM

@#40 ... Exactly my point. ...

Yup. I saw that in your comment.

That's why I posted the link.

:)


#51 | Posted by LampLighter at 2024-10-02 10:40 PM

" Pretty sure they mean bail instead."

yup. my bad.

#52 | Posted by Alexandrite at 2024-10-02 10:44 PM

@#47 ... What probation? ...

Yeah, back in June there was a probation meeting.

But I never saw any probation terms issued.

Just that probation meeting.

Trump's probation officials meeting was cordial, routine: Sources (June 2024)
abcnews.go.com

... Former President Donald Trump's interview Monday with New York City probation officials lasted just under a half-hour, sources familiar with it told ABC News.

Trump participated in the interview remotely from Mar-a-Lago.

His defense attorney, Todd Blanche, was with him. Unlike most defendants, Trump was given permission to be accompanied by counsel.

The sources described the interview as cordial and routine. Trump was not asked anything surprising.

The New York City Probation Department will now prepare a report for Judge Juan Merchan ahead of Trump's July 11 sentencing on 34 felony counts of falsifying business records. The report is supposed to include, among other things, Trump's description of his crime, whether he expressed remorse and any statements he wished to make about why he did it. ...



#53 | Posted by LampLighter at 2024-10-02 10:45 PM

Pretty sure they mean bail instead.

Thanks.

I assume the bail is for this case, J6, and the "more" felonies are those described in the superseding indictment. Those charges are merely a reiteration of the original indictment where bail was granted. Thus no bail violation.

#54 | Posted by et_al at 2024-10-02 10:54 PM

what about the case the haitians are bringing against trump and vance for stochastic terrorism in ohio?

#55 | Posted by Alexandrite at 2024-10-02 10:55 PM

" Regardless, Trump shooting a campaign commercial in Arlington should've landed him behind bars. But no judge wanted to put her-or-his staff in danger."

sigh.

#56 | Posted by Alexandrite at 2024-10-02 10:56 PM

Danforth,

... ... ... ... ... ... ...

#57 | Posted by BellRinger at 2024-10-02 10:57 PM

But I never saw any probation terms issued.

The Buffoon has not yet been sentenced. I think sentencing was set for September but a request to postpone, 'til after the election and not opposed by the NY prosecutor, was granted.

#58 | Posted by et_al at 2024-10-02 11:01 PM

#55

What about 'em. My meager understanding is it's some kind of citizen imitated municipal court thing.

Bottom line, unless and until, the prosecutor moves to revoke the who, what, when where, how's of whatever don't matter.

#59 | Posted by et_al at 2024-10-02 11:08 PM

"Bottom line, unless and until, the prosecutor moves to revoke..."

Thanks for the insight; I never knew that.

So...am I understanding it right? Does that mean the judge can't observe a blatant violation unless someone else points it out in court?

#60 | Posted by Danforth at 2024-10-02 11:13 PM

" Regardless, Trump shooting a campaign commercial in Arlington should've landed him behind bars. But no judge wanted to put her-or-his staff in danger."

Already been discussed. If that's the case he should be sharing a cell with Biden. I'm for that - they can change each other's diapers.

#61 | Posted by BellRinger at 2024-10-02 11:44 PM

"Already been discussed. If that's the case he should be sharing a cell with Biden."

Was Biden out on bail, and violating the terms?

You know...the salient part you (as usual) left out?

#62 | Posted by Danforth at 2024-10-02 11:46 PM

He was talking about taking photos at Arlington.

Reread the post if you are confused.

#63 | Posted by BellRinger at 2024-10-03 12:06 AM

"The filing detailed Trump's "desperate conduct" in an exchange he had over the physical peril that Pence faced when Trump supporters stormed the Capitol, injuring dozens of police officers.

After hearing that Pence had been taken to a secure location in the Capitol, an aide rushed to the White House dining room where Trump sat, hoping he would "take action to ensure Pence's safety."

So What?'

Instead, according to the filing, Trump "looked at him and said only, So what?"'

www.bloomberg.com

#64 | Posted by Corky at 2024-10-03 12:10 AM

"So What?"

He was, no doubt, disappointed.

#65 | Posted by Danforth at 2024-10-03 12:12 AM

Cause let me tell you. Should he win.

He's not going anywhere. Ever.

#25 | Posted by ClownShack

Except for down where it's hot as Hell, then reincarnated as a poor Haitian for many lifetimes.

#66 | Posted by AMERICANUNITY at 2024-10-03 02:23 AM

Trump's speech last night to supporters at an arena in Milwaukee. Wow!

(his comment "no one did anything" before him about pandemics?" HE closed the office for pandemic response Obama set up!)

this speech Trump is delivering right now in Milwaukee is the lowest energy speech I have ever heard from him. Here's a more than 2 minute clip where he gets 0 response from the crowd other than a stray cough here and there pic.twitter.com/upkVgTsj7R

- Aaron Rupar (@atrupar) October 1, 2024

#67 | Posted by AMERICANUNITY at 2024-10-03 02:51 AM

Trump didn't lose the election. The dementia patient that had to drop out was installed via massive voter fraud under the cover of COVID.

#68 | Posted by THEBULL at 2024-10-03 06:55 AM

#68

Why was Jelly Donut Vance too cowardly to say that?

#69 | Posted by anton at 2024-10-03 07:01 AM

#68
Repeat after me: "Person, woman, man ... uh ... hmmm ... camera ... oh ... .TEEBEE!!!!"

There may be a doggie biscuit in it for you.

#70 | Posted by Doc_Sarvis at 2024-10-03 07:40 AM

Charles Manson never killed anyone.

#71 | Posted by sentinel at 2024-10-03 07:42 AM

" Regardless, Trump shooting a campaign commercial in Arlington should've landed him behind bars. But no judge wanted to put her-or-his staff in danger."

Already been discussed. If that's the case he should be sharing a cell with Biden. I'm for that - they can change each other's diapers.

#61 | Posted by BellRinger

GOP: "We don't have any actual evidence Biden did anything illegal but he should be in jail!"
Jeff Bellringer Epstein Worshipper: "Exactly!"
Smith: "Here's 165 pages detailing on Trump illegally tried to overthrow the election."
Jeff Bellringer Epstein Worshipper: "So what?"

Same Jeff, Different Day

#72 | Posted by Sycophant at 2024-10-03 10:27 AM

I will never forgive the "but her emails" crowd and what they did to our nation.

#73 | Posted by Nixon at 2024-10-03 10:33 AM

Charles Manson never killed anyone.

#71 | POSTED BY SENTINEL

THIS!!

Manson was convicted of first-degree murder and conspiracy to commit murder for the deaths of seven people, including the film actress Sharon Tate.

... while Manson never directly ordered the murders, his ideology constituted an overt act of conspiracy.

#74 | Posted by donnerboy at 2024-10-03 12:32 PM

"If that's the case he should be sharing a cell with Biden. I'm for that.."

Of course you are. Because you worship an evil totalitarian and convicted criminal.

President Biden hasn't even been charged or indicted for a crime yet you are willing to jail him.

That's how far gone to the dark side you are.

Trump has been indicted what 4 times? (hard to keep track) and already convicted for some 34 his crimes against America.

The fact that you would dare to compare Biden to this twice impeached convicted felon show what a dumb arse spiteful loser you are. Definitely unAmerican.

#75 | Posted by donnerboy at 2024-10-03 12:42 PM

Ballwasher is just a sad old whore who can't get any tricks.

#76 | Posted by LegallyYourDead at 2024-10-03 04:33 PM

"As his supporters breached the Capitol, Trump monitored Twitter and Fox News, according to prosecutors, and issued messages targeting Pence."

Yep that's an attempt to direct Mob Violence at the vice president.

#77 | Posted by Tor at 2024-10-03 05:27 PM

#26 | Posted by lfthndthrds

^^^Willfully ignores those who pleaded guilty to seditious conspiracy.

Swallow it.

#78 | Posted by rstybeach11 at 2024-10-03 06:29 PM

As his supporters breached the Capitol, Trump monitored Twitter and Fox News ...

... monitored Twitter and Fox News ...

... issued messages targeting Pence.

... targeting Pence.

Text search reveals none of those phrases in the Motion.

#79 | Posted by et_al at 2024-10-03 06:47 PM

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