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#BREAKING 🧵 1/...

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👉🏼👉🏼👀 “Special counsel #JackSmith has outlined new details of #Trump and his allies' sweeping and "increasingly desperate" efforts to overturn his 2020 election loss, in a blockbuster court filing aimed at defending Smith's prosecution of Trump following the Supreme Court's July immunity ruling.

trib.al/Jlh92dr

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2/ “Trump intentionally lied to the public, state election officials, and his own vice president in an effort to cling to power after losing the election, while privately describing some of the claims of election fraud as "crazy," prosecutors alleged in the 165-page filing.”
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3/ Via Phang:

BREAKING:

Judge Chutkan in Trump’s DC election interference case allows for Special Counsel Jack Smith to publicly file his redacted Motion for Immunity Determinations.

storage.courtlistener.com/reca…

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4/ Via Kyle Cheney:

1) A Trump campaign employee and alleged coconspirator sought to foment chaos at the TCF ballot processing center in Detroit.

2) Trump sidelined his campaign legal team on Nov. 13, putting Rudy #Giuliani (CC1) in charge because he was willing to lie about the election results.

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5/ Cheney contd.

3) Smith says he plans to prove at trial that Trump and his allies made up claims about noncitizen voters out of whole cloth.

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11/ A U.S. senator (P27) helped facilitate a Dec. 8 call between Trump and Georgia AG Chris Carr.
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12/ Klasfeld:

In the days after Trump's defeat in November, Mike Pence gently nudged him to understand he lost, according to remarkable bullet points in Jack Smith's just-released immunity brief.

He "encouraged" Trump "not to look at the election 'as a loss — just an intermission."

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13/ IS EVERYONE ELSE AS HAPPY AS I AM ABOUT THIS TIMING? Especially after #JDVance’s election denial at the #debate. #OctoberSurprise
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14/ Cheney:
Trump clearly addressed Carr as a political candidate, per Smith's filing, saying "we're running out of time," talked about the Georgia runoffs and electing Loeffler/Perdue. He told Carr not to lobby other AGs against signing onto a Supreme Court amicus brief.
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15/ The special counsel's office:

"Working with a team of private co-conspirators, the defendant acted as a candidate when he pursued multiple criminal means to disrupt, through fraud and deceit, the government function by which votes are collected and counted — a function in which the defendant, as President, 👉🏼👉🏼had no official role."👈🏼👈🏼

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18/ Trump asked RNC chairwoan Ronna McDaniel to meet with Michigan GOP leaders but she said she coudln't because it could be considered lobbying.

Trump dialed her in anyway.

Rudy tried to text a Michigan GOP leader a proposed resolution declaring the election in dispute -- but he sent it to a wrong number.👈🏼

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19/ On Nov. 20, Trump muted his phone while Sidney Powell was talking and mocked her repeatedly, calling her claims "crazy" and making a Star Trek reference.
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20/ Griffin:

Jack Smith: Trump told [REDACTED] advisors before the 2020 election that he would simply declare victory before all the ballots were counted.

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21/ Klasfeld:

In the middle of Rudy Giuliani peddling lies about "more than 10,000 dead voters" to the Georgia State Senate, Mark Meadows sent out text messages confirming that the campaign's lawyer debunked the fake stat, according to the new brief.

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22/ Ronna McDANIEL told Trump she would not promote a report claiming Dominion voting machines had been manipulated in Michigan's Antrip county, in part because she had been told the report was "fucking nuts."
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23/ 👉🏼Klasfeld:

Note on attrib of a quote making the rounds in Smith's brief:

The figure quoted saying “Make them riot” & “Do it!!!" is "P5."

That person is descr as "a Campaign employee, agent& co-conspirator" of Trump.

via @tristansnell:

devastating evidence of Trump directly leading the January 6 insurrection and attack on the Capitol

👉🏼Trump was warned there would be violence and replying: “Make them riot. Do it.”👈🏼

Jack Smith is now bringing the hammer down on Trump

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24/ Griffin:

Jack Smith reinforces the 'private' acts:

"As President, the defendant had no official responsibilities related to the states' administration of the election or the appointment of their electors, and instead contacted state officials in his capacity as a candidate. Tellingly, the defendant contacted only state officials who were in his political party and were his political supporters, and only in states he had lost."

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25/ TO REPEAT (via Griffin):

Smith: A Trump "campaign employee," when presented w information at a Detroit tabulation facility that a final batch from would heavily favor Biden, said, "find a reason it isn't," "give me options to file litigation."

"When the colleague suggested that there was about to be unrest reminiscent of the Brooks Brothers Riot, a violent effort to stop the vote count in Florida after the 2000 presidential election, [PERSON 5] responded, 'Make them riot' and 'Do it!!!'"

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26/ Jack Smith: After Trump's Twitter post focused the Jan. 6 mob on Mike Pence, an aide alerted him to the situation, hoping Trump would take action to ensure Pence's safety.

Instead, Trump looked at the aide and said only, "So what?" according to grand jury testimony newly disclosed.

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27/ Jack Smith: One of Trump's lawyers gave him an "honest assessment" that his election lies would not hold up in court.

Trump seemed not to care.

"The details don't matter," the brief quotes Trump as saying.

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28/ Jack Smith will argue Trump's conversations with Mike Pence should be entered into evidence.

"The Government … intends to introduce at trial evidence regarding conversations between the defendant and Pence in which they did not discuss Pence’s official responsibilities as President of the Senate and instead acted in their private capacities as running mates."

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29/ Phang:

p. 79: "Beginning at about 1:30 pm [on Jan. 6th], [Trump] settled in the dining room off of the Oval Office. He spent the afternoon there reviewing Twitter on his phone, while the dining room television played Fox News’ contemporaneous coverage of events at the Capitol."

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30/ Cheney:

Ken Chesebro (CC5) was instructed by co-conspirator 6 to only communicate by text with him and John Eastman.

Smith provides details of private texts and conversations Trump was having with alleged co-conspirators just around Christmas, all related to the pressure campaign against Mike Pence.

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31/ Via @Brandi_Buchman

During an acceptance speech @ RNC Convention in August '20, he again claimed, "the only way they can take this election away from us is if its a rigged election"

Notably, Smith does not include similar remarks Trump made from the Oval in Sept 20 (distinguish campaign from prez)

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32/ THREAT. And, premeditated:

Via Griffin:

Jack Smith: On Jan. 5, Trump told Mike #Pence he would criticize him publicly if he didn’t decertify the election.

"The defendant once again told Pence, 'I think you have the power to decertify.' When Pence was unmoved, the defendant threatened to criticize him publicly ('I'm gonna have to say you did a great disservice').

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33/ My god, you guys, this stuff is just explosive.

Bombshell.

Devastating.

And it's now public.

F you, #SCOTUS.

And thank you #JackSmith

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34/ Griffin:

Jack Smith: On Nov. 19, RNC Chief Counsel Justin Riemer emailed an RNC spokesperson about the Law v. Whitmer suit in Nevada, writing, "Just FYI that I don't believe the claims in the contest regarding dead voters, those voting from out-of-state, etc. are substantiated... To be frank, the contest has little chance of succeeding."

That email was forwarded to a Trump White House staffer just days before Trump amplified the lawsuit online.

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35/ Emptywheel:

One reason Trump wanted these identities to be more obscure is he's trying to hide that people STILL working for him knew he lost in 2020.

P2: Campaign Manager
P3: Deputy Campaign Manager
P4: Senior Campaign Advisor

One of these people is Jason Miller, for example, still lying on TV for Trump.

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36/ Cheney:

Trump spoke to Bannon on Jan5 less than 2 hrs before Bannon predicted on his War Room podcast that "all hell is going to break loose" on Jan6.

When Trump allies learned Pence's lawyer, Greg Jacob, refused to back up their plan to subvert the election, Bannon (P1) said, "Fuck his lawyer."

❗️ Trump was *alone* in Oval Office dining room when he tweeted his attack on Pence, prosecutors say, even as the Fox broadcast he had on made clear the Capitol had been breached & was locked down

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We STILL do not know which other Republican billionaires were involved in Jan 6.

washingtonpost.com/politics/20…

Nicole Parsons reshared this.

in reply to Nicole Parsons

@Npars01
Neck deep.

I support planting them head first in the Amazon to replenish the soil.

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37/ Important reminder from Griffin, a point I made earlier too:

Remember: Just last night, JD Vance refused to admit Trump lost the 2020 election.

In the recent past, Vance has made it clear he would NOT have certified the 2020 election results like Pence did.

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38/ Via @Brandi_Buchman:

Again and again, Smith alleges, Trump and his cohorts made "unsupported, objectively unreasonable and ever-changing claims even after they had been publicly disproven or after advisors informed the defendant that they were untrue"

This means Trump knew his claims were false...

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39/ Via Emptywheel:

Here's the tweet where Trump IDs CC1 and CC3 (which we knew) and P10-12 as DiGenova, Toensing, and Jenna Ellis.
Quote

Donald J. Trump
@ realDonaldTrump:
·
Nov 14, 2020

I look forward to Mayor Giuliani spearheading the legal effort to defend OUR RIGHT to FREE and FAIR ELECTIONS! Rudy Giuliani, Joseph diGenova, Victoria Toensing, Sidney Powell, and Jenna Ellis, a truly great team, added to our other wonderful lawyers and representatives!

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16/ Klasfeld:

On Nov. 30, the day he signed the certificate formally declaring Biden's electors, Ducey received a call from Trump and Pence, according to the brief.

Prosecutors say Ducey pressed Trump on fraud claims, "eager to see the evidence," but Trump never provided it.

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17/ The brief then shifts to Trump and Giuliani's pressure campaign on then-Arizona Speaker Rusty Bowers.

Rudy's reply to Bowers's "deep skepticism" of voter fraud lies: "well, you know, we're all kind of Republicans and need to be working together," per the brief.

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10/ My numbering got messed up so you’ll have to find 7 in the thread. Ugh. I’m in the car on the way back from Washington using my damn phone

Added 7 to 6.

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9/ 👉🏼Mark #MEADOWS (P21) and a WH lawyer (P9) exchanged messages on Dec. 3, 2020 confirming that a stat re dead voters was false.
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8/ Jack Smith: "When [Trump] lost the 2020 presidential election, he resorted to crimes to try to stay in office...The throughline of these efforts was deceit: the defendant’s and co-conspirators’ knowingly false claims of election fraud."
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7/ Trump repeatedly promised to "package up" and provide evidence to Gov. Ducey, Gov. Kemp and Rusty Bowers re: election fraud but never did.

👀 Christina BOBB is now listed as co-conspirator 6

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6/ More:

Pence told Trump he saw no evidence of outcome-determinative fraud. They had MANY conversations, some detailed in Pence's book, which prosecutors cite.

7/ Trump repeatedly promised to "package up" and provide evidence to Gov. Ducey, Gov. Kemp and Rusty Bowers re: election fraud but never did.

👀 Christina BOBB is now listed as co-conspirator 6

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