Special Counsel: Trump Committed ‘Private Crimes’ to Cling to Power After Election Loss
Story by C. Ryan Barber, Sadie Gurman
October 2024
In a striking legal development, Special Counsel Jack Smith has presented a detailed 165-page filing accusing former President Donald Trump of committing "private crimes" in his attempt to overturn the results of the 2020 election. The document, unsealed in a Washington, D.C. court on Wednesday, outlines Smith’s prosecution strategy, asserting that Trump’s actions in the aftermath of his electoral defeat were part of a personal, unlawful scheme to remain in office.
Despite a recent Supreme Court ruling that expands presidential immunity for official acts, Smith’s team maintains that Trump’s actions were separate from his official duties, leaving him vulnerable to prosecution. The filing argues that Trump’s campaign to stay in power, even after being told he had lost, was not tied to his official responsibilities as president.
‘Private and Desperate’ Bid to Stay in Office
One of the most compelling pieces of evidence cited by the prosecution came from a White House aide, who reportedly overheard Trump on a post-Election Day flight aboard Marine One. Trump allegedly told his family, “It doesn’t matter if you won or lost the election. You still have to fight like hell,” a remark that prosecutors argue underscores his determination to hold onto power regardless of the outcome.
According to the Special Counsel’s team, this statement—overheard by an assistant to the president—was entirely personal. The prosecution believes that it shows Trump’s resolve to continue contesting the election, whether or not he had won, as part of a private effort rather than an official duty.
Baseless Fraud Claims and ‘0-32’ Record
The filing also provides insight into Trump’s continued promotion of baseless voter fraud claims. In December 2020, Trump falsely accused election workers in Atlanta’s State Farm Arena of handling "suitcases" filled with fraudulent ballots, despite having been told that the claims were without merit. Trump's own campaign staff reportedly knew the claims had been debunked. One adviser lamented in an internal email, “When our legal team can’t back up any of the claims made by our Elite Strike Force, you can see why we’re 0-32 on our cases.”
Prosecutors argue that Trump persisted in spreading these falsehoods, pressuring Georgia officials to re-examine the claims even after his team acknowledged their inaccuracy.
‘So What?’ — Trump’s Response to Jan. 6 Attack on Pence
Perhaps one of the most damning revelations from the filing was Trump’s reaction to the threats against then-Vice President Mike Pence on January 6, 2021. When informed that Pence had been evacuated to a secure location due to rioters targeting him, Trump allegedly responded with indifference, saying, “So what?”
Prosecutors argue that this dismissive remark further demonstrates the personal nature of Trump’s actions, as it reflected his desperation to overturn the election results as a candidate rather than in his capacity as president.
Trump’s Response and Campaign’s Denial
Trump, who has pleaded not guilty to all election-interference charges, continues to maintain his innocence, calling the prosecution a “partisan, unconstitutional witch hunt.” His campaign spokesperson, Steven Cheung, doubled down on this stance, describing the allegations as “falsehood-ridden” and politically motivated.
As the legal battle continues to unfold, the Special Counsel’s latest filing provides a comprehensive look into Trump’s post-election conduct, painting a picture of a private, frantic attempt to subvert the democratic process. The stakes for Trump and the future of American politics couldn’t be higher as the case progresses.
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