In a comprehensive legal document released Wednesday, federal prosecutors have presented their most detailed argument yet against former President Donald Trump, accusing him of attempting to subvert the results of the 2020 presidential election. The 165-page brief, unsealed by a federal judge, sheds new light on special counsel Jack Smith’s exhaustive investigation into Trump’s alleged efforts to pressure state officials and promote unfounded claims of widespread electoral fraud—assertions that prosecutors argue Trump knew to be false.
This filing comes just weeks ahead of another presidential election, with Trump vying once more for the White House. It delves into previously undisclosed aspects of Trump’s fraught relationship with then-Vice President Mike Pence, FBI documentation regarding Trump’s phone activities on January 6, 2021, and discussions with family and associates during the critical period when the then-president was contesting his defeat to Joe Biden.
Significantly, the brief also tackles the Supreme Court’s ruling earlier this year that granted Trump broad immunity for actions taken while in office. Smith’s filing counters that argument, asserting that Trump’s actions were those of a political candidate rather than a sitting president, thereby exempting him from the protections the Supreme Court outlined.
“When the defendant was defeated in the 2020 election, he resorted to illegal methods in an attempt to remain in power,” Smith declared in the document, which was released with some portions redacted by U.S. District Judge Tanya Chutkan. “At its core, the defendant’s scheme was a personal one,” the prosecution argued, emphasizing that Trump used private actors and his campaign apparatus in his attempts to overturn the election results.
The brief weaves together testimony from high-profile witnesses who appeared before a federal grand jury, along with newly revealed evidence collected by FBI investigators. This includes material related to Trump’s actions both leading up to and on January 6, the day of the Capitol riots.
The unveiling of this motion represents another significant development in Smith’s ongoing mission to hold Trump accountable for his actions surrounding the 2020 election. Despite the gravity of the case, Trump is campaigning for a second term in a race that may pit him against Vice President Kamala Harris. While the legal battle has already reached the Supreme Court once, the case has experienced numerous delays, largely due to Trump’s attempts to defer the trial until after the upcoming election.
The lengthy document is divided into four main sections. The first part outlines the evidence prosecutors intend to present during the trial, offering a synopsis of their findings. The second section provides a framework for Judge Chutkan to distinguish between Trump’s official actions, which may be shielded by immunity, and those that are not. The third part applies those principles specifically to Trump’s situation, while the fourth concludes by urging the judge to rule that the described conduct is not protected by immunity, thus allowing the case to proceed to trial.
More revelations are anticipated in the coming days, as a substantial appendix accompanying Wednesday’s filing remains sealed. Both parties have been invited to submit their opinions on how much of this material should be made public. The appendix reportedly contains grand jury testimony and FBI interview notes amassed during the years-long investigation.
Trump’s legal team had vigorously opposed the document’s release, with the former president on Wednesday characterizing it as a politically motivated attack. He asserted, without substantiation, that the timing of the release was an attempt to distract from the vice presidential debate held the previous night.
“Democrats are weaponizing the Department of Justice against me because they know I am winning, and they are desperate to shore up their faltering candidate, Kamala Harris. This latest DOJ ‘hit job’ was dropped today because JD Vance embarrassed Tim Walz in the debate last night,” Trump posted on Truth Social.
On the same day, Trump petitioned Judge Chutkan for an extension to file his response to Smith’s sweeping brief. The former president requested a new deadline of November 21, citing earlier extensions granted to the special counsel. He also sought permission to submit a longer-than-usual rebuttal, mirroring the extended length of Smith’s own filing, and asked to file an additional brief to provide a final response on the immunity question.
“President Trump must be afforded equal opportunity to present and address facts related to immunity and to refute the Special Counsel’s misleading assertions,” Trump’s latest request argued. “Therefore, the Court should allow President Trump to file a 180-page response.”