Released to the Public: Special Counsel Jack Smith’s 1889-Page Appendix of Evidence in Trump Federal Election Interference Case

U.S. District Judge Tanya Chutkan made public a 1889-page filing from Special Counsel Jack Smith that reveals new details about the allegations against former president Donald Trump in his federal election subversion case. This case centers on allegations that Trump attempted to overturn the results of the 2020 presidential election. The allegations include Trump’s attempt to prevent Congress from certifying the election results by offering a slate of fake electors, as well as his efforts connected to the January 6 rioters who attacked the U.S. Capitol and injured over 100 police officers, resulting in the death of five officers. 

Appendix of source materials unsealed in Trump Jan. 6 investigation

The lengthy filing lays out the evidence that Smith intends to use against Trump, including that:

• Trump waited nearly three hours after he was told of the January 6, 2021 violence at the Capitol before he told his supporters to go home.

• Elected Republican officials testified detailing Trump’s attempts to pressure them to participate in the false elector scheme.

• Trump’s personal X account was the platform from which he chose to share election denial and election fraud conspiracy theories.

• A bipartisan group of election officials in swing states publicly pushed back against Trump's claims of election fraud.

• Trump had written plans to derail the Congressional certification process on January 6th. Trump planned to use Pence to force through the false slate of electors’ votes and throw out seven states’ results. 

The case, which was initially brought in 2023, was impacted by the July 2024 Supreme Court decision that held presidents have broad immunity for official actions. Part of Smith’s filing seeks to prove that Trump acted in a private capacity, as he was acting as a candidate seeking re-election and not a sitting president, and therefore remains open to prosecution. He asks that the court hold that Trump can face trial for his alleged actions.

The case is not expected to go to trial before the 2024 presidential election. The legal fight is one of several that the former president faces.