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mymomknowsyourmom on
Oh my God they were going to kill Mike pence!
fairoaks2 on
Thank you Judge for letting the public know Trump is not above the law. He’s a criminal who tried to steal an election.
I thought this wasn’t going to get published till at least October 10th, but just briefly scrolling through it, its quite damning. This judge and Jack Smith arn’t screwing around.
someguy7710 on
Chatgpt summary if that helps
—
**Government’s Motion Against Immunity Claims**:
– The government argues that Donald J. Trump is **not immune from prosecution** for his actions to overturn the 2020 election, as these actions were in his capacity as a candidate, not as an official act of the president.
– The Supreme Court previously recognized some areas of immunity but remanded the case to assess the remaining allegations.
**Legal Framework for Immunity**:
– The Supreme Court outlined that only actions performed in the **official capacity of the presidency** are potentially immune.
– Actions taken as a candidate for re-election are **not protected by presidential immunity**.
**Four-Part Motion Structure**:
1. **Section I**: Details the government’s case against Trump, covering the conduct described in the indictment, including attempts to alter election outcomes in several states through deceit.
2. **Section II**: Provides the legal principles governing claims of presidential immunity and distinguishes between official and unofficial conduct.
3. **Section III**: Applies these legal principles to demonstrate that Trump’s actions were unofficial and, therefore, **not protected by immunity**.
4. **Section IV**: Requests that the court order Trump to stand trial for his private criminal actions.
**Allegations Against Trump**:
– Trump attempted to overturn election results in seven states through fraudulent means and deceit, including:
– **Pressuring state officials** to ignore legitimate votes.
– **Manufacturing fraudulent electoral votes**.
– Attempting to influence Vice President Pence to **obstruct the certification** of the election.
– **Directing supporters** to the U.S. Capitol on January 6 to disrupt Congress.
**Presidential Immunity Analysis**:
– **Official vs. Unofficial Conduct**:
– Conversations with the Vice President related to **official responsibilities** are considered official, but the government **rebuts this immunity** due to the nature of the alleged offenses.
– All other conduct—such as communication with state officials, fraudulent electors, and public statements—is considered **unofficial** and does not qualify for immunity.
– **Rebuttal of Immunity Presumption**:
– Even if some conduct were deemed official, the government argues that the **presumption of immunity** should be rebutted given the scope and intent of the actions, which interfered with **constitutionally assigned powers** of other branches.
**Relief Sought**:
– The government seeks a court order stating that Trump **must stand trial** for his alleged actions, with **no immunity** applying to the described conduct.
—
The document is a detailed legal argument by the government seeking to establish that former President Trump should face trial for his attempts to overturn the 2020 election results, as these actions were **unofficial** and involved **private criminal conduct**.
deJuice_sc on
Here’s a detailed list with more context drawn directly from the document:
1. **Knowingly Spreading False Claims**: Trump’s advisors, including DOJ officials, told him there was no evidence of widespread fraud. Despite this, he continued making public claims of fraud, using them to fuel his legal challenges and rallies. He knew the fraud claims were false but used them strategically to create doubt and disrupt the certification process(gov.uscourts.dcd.258148…).
2. **Pressure on Vice President Pence**: Trump repeatedly pressured Pence to use his role as President of the Senate to reject certified electoral votes, even though legal experts informed him Pence had no authority to do so. Trump’s efforts included private meetings, public tweets, and direct appeals during the January 6th rally. Despite knowing it was illegal, Trump continued to insist on Pence’s role(gov.uscourts.dcd.258148…).
3. **Fraudulent Elector Scheme**: Trump led efforts to replace legitimate Biden electors with fraudulent pro-Trump electors in seven key swing states. He encouraged state officials and GOP leaders to manufacture alternate slates of electors, knowing they were not recognized by law, in an attempt to disrupt Congress’s certification process(gov.uscourts.dcd.258148…).
4. **Ignoring Legal Warnings**: Trump’s own legal team informed him the schemes he was pushing—like using fake electors or pressuring Pence—lacked legal merit. Despite this, Trump continued, demonstrating a clear disregard for the law. His intent to subvert the election through illegal means was well-documented within his inner circle(gov.uscourts.dcd.258148…).
5. **Incitement and Direction of January 6th Riots**: Before the January 6th rally, Trump was briefed about the potential for violence, yet he still summoned his supporters to Washington, D.C., and directed them toward the Capitol. His speech that day encouraged the crowd to “fight like hell.” Even after learning about the escalating violence, Trump delayed any attempts to call them off(gov.uscourts.dcd.258148…).
6. **Delay in Stopping the Riots**: Trump had real-time knowledge of the violence at the Capitol through his advisors and family members. However, he waited hours to issue a statement urging his supporters to stop, and his early messages, like his tweet at 2:24 p.m. attacking Pence, only inflamed the situation(gov.uscourts.dcd.258148…).
7. **Phone Calls to State Officials**: Trump personally called state election officials, like Georgia’s Secretary of State Brad Raffensperger, and urged them to “find” enough votes to overturn the election result. These conversations were recorded and made public, revealing Trump’s direct involvement in attempts to interfere with legitimate vote counts(gov.uscourts.dcd.258148…).
8. **Distinction Between Personal and Official Actions**: The document argues that Trump’s actions were personal, political efforts to stay in power, not part of his official duties as president. This distinction is important because it strips Trump of any claim to presidential immunity, making him liable for prosecution as a private citizen(gov.uscourts.dcd.258148…).
9. **Fraudulent Public Claims About Vote Counts**: Trump repeatedly made public claims about illegal votes in several states, such as alleging that dead people were voting or that ballots were backdated. These claims were debunked by state officials and his own advisors, but Trump used them to sow doubt among his supporters and to justify his actions(gov.uscourts.dcd.258148…).
10. **Lying to and Pressuring State Legislators**: Trump’s team worked to deceive state officials, pushing them to invalidate Biden’s victories in key states. They targeted legislators and election boards with false evidence and legal challenges, even after courts had rejected these claims(gov.uscourts.dcd.258148…).
flyeaglesfly777 on
“I could stand in the middle of Fifth Avenue and shoot somebody, and I wouldn’t lose any voters, OK?” Trump remarked at a campaign stop at Dordt College in Sioux Center, Iowa. “It’s, like, incredible.”
Hayes4prez on
Per the US Constitution, the Executive Branch has no authority to appoint the next POTUS.
> In other words, Smith is arguing that Trump’s effort to overturn the election was necessarily private because the Constitution gives a president no official authority for choosing his successor.
> “The defendant’s charged conduct directly contravenes these foundational principles,” the motion reads. “He sought to encroach on powers specifically assigned by the Constitution to other branches, to advance his own self-interest and perpetuate himself in power, contrary to the will of the people.”
Also, Trump TOLD close friends that he was going to declare victory no matter what.
KarmaPolicezebra4 on
CC1 is Meadows or Clark? CC2 is deftly the other one. God, that’s some incriminating material.
Red_Wing-GrimThug on
How could you and who would want to defend this man in court?
oldlumberman on
Something we all saw with our two eyes over four years ago. Most despicable traitor in American history. He hates America. Fuck off forever traitor.
BadgerPhil on
I was hoping for something new here but, unless I am missing something, it is just a rephrasing of things that were commonly discussed here this last few years.
Specialist-Invite673 on
“but the economy!” – some undecided voter, probably
madzax on
Jack Smith is not to be under estimated. Winning the election to pardon himself is now the only thing he can hope for to get out of this one. If not he will go broke and to jail. Will voters pardon Trump?
Main_Strain4176 on
GPT summary of his illegal actions
According to the government’s motion, Donald Trump is accused of engaging in illegal activities as part of a scheme to overturn the legitimate results of the 2020 presidential election. The key illegal actions described include:
1. Lying to State Officials: Trump is accused of making false claims of widespread voter fraud to state officials in key swing states (Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin). He allegedly pressured these officials to ignore or overturn legitimate election results in favor of his false claims.
2. Fraudulent Elector Scheme: Trump and his co-conspirators allegedly attempted to manufacture fraudulent electoral votes in the targeted states. These fraudulent slates of electors were intended to be submitted to Congress to disrupt the certification of the election results.
3. Pressuring Vice President Mike Pence: Trump allegedly pressured Pence, who was presiding over the certification of the Electoral College votes, to refuse to certify the election results and instead recognize the fraudulent slates of electors.
4. Inciting Violence on January 6: On January 6, 2021, Trump is accused of directing a large and angry crowd of his supporters to march on the U.S. Capitol, where Congress was in the process of certifying the election results. His actions and rhetoric, including knowingly false claims of election fraud, are alleged to have contributed to the violence and disruption of the congressional proceedings.
5. Obstructing an Official Proceeding: Trump is charged with conspiring to obstruct the official congressional process of certifying the 2020 election results, a key function of the federal government as outlined in the Constitution and the Electoral Count Act.
The throughline in these allegations is the use of fraud and deceit to interfere with the lawful collection, counting, and certification of election results, all of which are essential government functions. These actions form the basis for criminal charges of conspiracy, obstruction of justice, and interference with federal proceedings .
Keunster on
Nothing will come of this still
Choppergold on
Jack Smith is a patriot
chpbnvic on
And even with this, his cult followers will claim it’s “fake news” and still vote for him. I wonder how all those J6ers in jail feel about this lol
22 Comments
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Oh my God they were going to kill Mike pence!
Thank you Judge for letting the public know Trump is not above the law. He’s a criminal who tried to steal an election.
The Trump Family Criminal Enterprise!
Link to document: [https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.252.0.pdf](https://storage.courtlistener.com/recap/gov.uscourts.dcd.258148/gov.uscourts.dcd.258148.252.0.pdf)
This is BIG.
I thought this wasn’t going to get published till at least October 10th, but just briefly scrolling through it, its quite damning. This judge and Jack Smith arn’t screwing around.
Chatgpt summary if that helps
—
**Government’s Motion Against Immunity Claims**:
– The government argues that Donald J. Trump is **not immune from prosecution** for his actions to overturn the 2020 election, as these actions were in his capacity as a candidate, not as an official act of the president.
– The Supreme Court previously recognized some areas of immunity but remanded the case to assess the remaining allegations.
**Legal Framework for Immunity**:
– The Supreme Court outlined that only actions performed in the **official capacity of the presidency** are potentially immune.
– Actions taken as a candidate for re-election are **not protected by presidential immunity**.
**Four-Part Motion Structure**:
1. **Section I**: Details the government’s case against Trump, covering the conduct described in the indictment, including attempts to alter election outcomes in several states through deceit.
2. **Section II**: Provides the legal principles governing claims of presidential immunity and distinguishes between official and unofficial conduct.
3. **Section III**: Applies these legal principles to demonstrate that Trump’s actions were unofficial and, therefore, **not protected by immunity**.
4. **Section IV**: Requests that the court order Trump to stand trial for his private criminal actions.
**Allegations Against Trump**:
– Trump attempted to overturn election results in seven states through fraudulent means and deceit, including:
– **Pressuring state officials** to ignore legitimate votes.
– **Manufacturing fraudulent electoral votes**.
– Attempting to influence Vice President Pence to **obstruct the certification** of the election.
– **Directing supporters** to the U.S. Capitol on January 6 to disrupt Congress.
**Presidential Immunity Analysis**:
– **Official vs. Unofficial Conduct**:
– Conversations with the Vice President related to **official responsibilities** are considered official, but the government **rebuts this immunity** due to the nature of the alleged offenses.
– All other conduct—such as communication with state officials, fraudulent electors, and public statements—is considered **unofficial** and does not qualify for immunity.
– **Rebuttal of Immunity Presumption**:
– Even if some conduct were deemed official, the government argues that the **presumption of immunity** should be rebutted given the scope and intent of the actions, which interfered with **constitutionally assigned powers** of other branches.
**Relief Sought**:
– The government seeks a court order stating that Trump **must stand trial** for his alleged actions, with **no immunity** applying to the described conduct.
—
The document is a detailed legal argument by the government seeking to establish that former President Trump should face trial for his attempts to overturn the 2020 election results, as these actions were **unofficial** and involved **private criminal conduct**.
Here’s a detailed list with more context drawn directly from the document:
1. **Knowingly Spreading False Claims**: Trump’s advisors, including DOJ officials, told him there was no evidence of widespread fraud. Despite this, he continued making public claims of fraud, using them to fuel his legal challenges and rallies. He knew the fraud claims were false but used them strategically to create doubt and disrupt the certification process(gov.uscourts.dcd.258148…).
2. **Pressure on Vice President Pence**: Trump repeatedly pressured Pence to use his role as President of the Senate to reject certified electoral votes, even though legal experts informed him Pence had no authority to do so. Trump’s efforts included private meetings, public tweets, and direct appeals during the January 6th rally. Despite knowing it was illegal, Trump continued to insist on Pence’s role(gov.uscourts.dcd.258148…).
3. **Fraudulent Elector Scheme**: Trump led efforts to replace legitimate Biden electors with fraudulent pro-Trump electors in seven key swing states. He encouraged state officials and GOP leaders to manufacture alternate slates of electors, knowing they were not recognized by law, in an attempt to disrupt Congress’s certification process(gov.uscourts.dcd.258148…).
4. **Ignoring Legal Warnings**: Trump’s own legal team informed him the schemes he was pushing—like using fake electors or pressuring Pence—lacked legal merit. Despite this, Trump continued, demonstrating a clear disregard for the law. His intent to subvert the election through illegal means was well-documented within his inner circle(gov.uscourts.dcd.258148…).
5. **Incitement and Direction of January 6th Riots**: Before the January 6th rally, Trump was briefed about the potential for violence, yet he still summoned his supporters to Washington, D.C., and directed them toward the Capitol. His speech that day encouraged the crowd to “fight like hell.” Even after learning about the escalating violence, Trump delayed any attempts to call them off(gov.uscourts.dcd.258148…).
6. **Delay in Stopping the Riots**: Trump had real-time knowledge of the violence at the Capitol through his advisors and family members. However, he waited hours to issue a statement urging his supporters to stop, and his early messages, like his tweet at 2:24 p.m. attacking Pence, only inflamed the situation(gov.uscourts.dcd.258148…).
7. **Phone Calls to State Officials**: Trump personally called state election officials, like Georgia’s Secretary of State Brad Raffensperger, and urged them to “find” enough votes to overturn the election result. These conversations were recorded and made public, revealing Trump’s direct involvement in attempts to interfere with legitimate vote counts(gov.uscourts.dcd.258148…).
8. **Distinction Between Personal and Official Actions**: The document argues that Trump’s actions were personal, political efforts to stay in power, not part of his official duties as president. This distinction is important because it strips Trump of any claim to presidential immunity, making him liable for prosecution as a private citizen(gov.uscourts.dcd.258148…).
9. **Fraudulent Public Claims About Vote Counts**: Trump repeatedly made public claims about illegal votes in several states, such as alleging that dead people were voting or that ballots were backdated. These claims were debunked by state officials and his own advisors, but Trump used them to sow doubt among his supporters and to justify his actions(gov.uscourts.dcd.258148…).
10. **Lying to and Pressuring State Legislators**: Trump’s team worked to deceive state officials, pushing them to invalidate Biden’s victories in key states. They targeted legislators and election boards with false evidence and legal challenges, even after courts had rejected these claims(gov.uscourts.dcd.258148…).
“I could stand in the middle of Fifth Avenue and shoot somebody, and I wouldn’t lose any voters, OK?” Trump remarked at a campaign stop at Dordt College in Sioux Center, Iowa. “It’s, like, incredible.”
Per the US Constitution, the Executive Branch has no authority to appoint the next POTUS.
> In other words, Smith is arguing that Trump’s effort to overturn the election was necessarily private because the Constitution gives a president no official authority for choosing his successor.
> “The defendant’s charged conduct directly contravenes these foundational principles,” the motion reads. “He sought to encroach on powers specifically assigned by the Constitution to other branches, to advance his own self-interest and perpetuate himself in power, contrary to the will of the people.”
Also, Trump TOLD close friends that he was going to declare victory no matter what.
CC1 is Meadows or Clark? CC2 is deftly the other one. God, that’s some incriminating material.
How could you and who would want to defend this man in court?
Something we all saw with our two eyes over four years ago. Most despicable traitor in American history. He hates America. Fuck off forever traitor.
I was hoping for something new here but, unless I am missing something, it is just a rephrasing of things that were commonly discussed here this last few years.
“but the economy!” – some undecided voter, probably
Jack Smith is not to be under estimated. Winning the election to pardon himself is now the only thing he can hope for to get out of this one. If not he will go broke and to jail. Will voters pardon Trump?
GPT summary of his illegal actions
According to the government’s motion, Donald Trump is accused of engaging in illegal activities as part of a scheme to overturn the legitimate results of the 2020 presidential election. The key illegal actions described include:
1. Lying to State Officials: Trump is accused of making false claims of widespread voter fraud to state officials in key swing states (Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin). He allegedly pressured these officials to ignore or overturn legitimate election results in favor of his false claims.
2. Fraudulent Elector Scheme: Trump and his co-conspirators allegedly attempted to manufacture fraudulent electoral votes in the targeted states. These fraudulent slates of electors were intended to be submitted to Congress to disrupt the certification of the election results.
3. Pressuring Vice President Mike Pence: Trump allegedly pressured Pence, who was presiding over the certification of the Electoral College votes, to refuse to certify the election results and instead recognize the fraudulent slates of electors.
4. Inciting Violence on January 6: On January 6, 2021, Trump is accused of directing a large and angry crowd of his supporters to march on the U.S. Capitol, where Congress was in the process of certifying the election results. His actions and rhetoric, including knowingly false claims of election fraud, are alleged to have contributed to the violence and disruption of the congressional proceedings.
5. Obstructing an Official Proceeding: Trump is charged with conspiring to obstruct the official congressional process of certifying the 2020 election results, a key function of the federal government as outlined in the Constitution and the Electoral Count Act.
The throughline in these allegations is the use of fraud and deceit to interfere with the lawful collection, counting, and certification of election results, all of which are essential government functions. These actions form the basis for criminal charges of conspiracy, obstruction of justice, and interference with federal proceedings .
Nothing will come of this still
Jack Smith is a patriot
And even with this, his cult followers will claim it’s “fake news” and still vote for him. I wonder how all those J6ers in jail feel about this lol
I would love to see Jack Smith head up the DOJ.