Jack Smith filing details Jan. 6 case against Trump
The special counsel's newly unsealed brief argues Trump is not immune from prosecution and gives new details on his efforts to overturn the election


What happened
Donald Trump "resorted to crimes to try to stay in office" after losing the 2020 presidential race, special counsel Jack Smith argued in a court filing unsealed Wednesday. And Trump's "increasingly desperate plans to overturn the legitimate election results" were "fundamentally private" in nature, not "official" acts deemed immune from prosecution under a recent Supreme Court ruling. U.S. District Judge Tanya Chutkan released the redacted 165-page brief over Trump's objections.
Who said what
Smith's "explosive" filing "offers a searing portrayal of Trump" as he tried to cling to power, The Washington Post said, even as Mike Pence, campaign officials and lawyers, and Republican state officials told him "there was no proof the election was stolen." None of the "new details were game-changing revelations," said The New York Times, "but they add further texture to the available history" of Trump's actions leading up to Jan. 6, 2021.
Three White House aides and an FBI forensic computer examiner revealed that Trump was alone in his Oval Office dining room, watching his followers storm the Capitol on Fox News and Twitter, when he personally posted his tweet accusing Pence of lacking the "courage" to block certification of President Joe Biden's electoral victory, the filing said. "One minute later, the Secret Service was forced to evacuate Pence to a secure location in the Capitol." When an aide then rushed in to tell Trump that his vice president was in danger, the brief recounted, Trump "looked at him and said only, 'So what?'"
Trump's campaign called the filing's release "unconstitutional," and Trump told NewsNation "they should have never allowed the information" to "come before the public."
What next?
Trump's team asked Chutkan to extend the deadline for their response to Nov. 21. Chutkan will consider both arguments, the Times said, and determine which parts of Smith's indictment "survive the Supreme Court's immunity ruling." The case is "likely to make its way back to the Supreme Court," the Post said. And "if Trump wins the election, he is widely expected to order the Justice Department to end the case."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
July 13 editorial cartoons
Cartoons Sunday's political cartoons include new TSA rules, FEMA cuts, and Volodymyr Zelenskyy complimenting Donald Trump's new wardrobe
-
5 weather-beaten cartoons about the Texas floods
Cartoons Artists take on funding cuts, politicizing tragedy, and more
-
What has the Dalai Lama achieved?
The Explainer Tibet’s exiled spiritual leader has just turned 90, and he has been clarifying his reincarnation plans
-
Trump uses tariffs to upend Brazil's domestic politics
IN THE SPOTLIGHT By slapping a 50% tariff on Brazil for its criminal investigation into Bolsonaro, the Trump administration is brazenly putting its fingers on the scales of a key foreign election
-
'Trump's authoritarian manipulation of language'
Instant Opinion Vienna has become a 'convenient target for populists' | Opinion, comment and editorials of the day
-
Trump set to hit Canada with 35% tariffs
Speed Read The president accused Canadian Prime Minister Mark Carney of failing to stop the cross-border flow of fentanyl
-
Could Trump really 'take over' American cities?
Today's Big Question Trump has proposed a federal takeover of New York City and Washington, D.C.
-
Mahmoud Khalil files $20M claim over ICE detention
Speed Read This is the 'first damages complaint' brought by an individual targeted by the Trump's administration's 'crackdown' on Gaza war protesters
-
Trump threatens Brazil with 50% tariffs
Speed Read He accused Brazil's current president of leading a 'witch hunt' against far-right former leader Jair Bolsonaro
-
Is the Trump-Putin bromance over... again?
Today's Big Question The US president has admitted he's 'p*ssed off' with his opposite number
-
AI scammer fakes Rubio messages to top officials
Speed Read The unknown individual mimicked Rubio in voice and text messages sent to multiple government officials