Prosecutors detail new evidence in Trump election case
Fox News senior national correspondent Kevin Corke has the latest on questions about the former president’s actions relating to January 6 on ‘Special Report.’
Former President Trump blasted the Justice Department Wednesday for having “disobeyed their own rule in favor of complete and total election interference” after a key filing from Special Counsel Jack Smith’s election case against him was unsealed with just weeks before Americans cast their ballots.
U.S. District Court for the District of Columbia Judge Tanya Chutkan unsealed Smith’s 165-page filing Wednesday afternoon. The filing lays out his case and the alleged evidence he intends to use in an eventual trial against Trump.
Trump pleaded not guilty to all charges brought by Smith.
JUDGE UNSEALS KEY FILING IN SPECIAL COUNSEL JACK SMITH’S ELECTION CASE
But Trump blasted the Justice Department Wednesday evening.
“For 60 days prior to an election, the Department of Injustice is supposed to do absolutely nothing that would taint or interfere with a case,” Trump posted in all capital letters to his Truth Social. “They disobeyed their own rule in favor of complete and total election interference.”
“I did nothing wrong, they did!” he continued.
DOJ practice during an election year has often been to hold off on major actions in cases that could impact elections during the 60 days leading up to Election Day, an unwritten policy commonly referred to as the “60-day rule.” The “rule,” which is really more of a tradition because it is not an actual rule, has been cited many times in recent years.
“The case is a scam, just like all of the others, including the documents case, which was dismissed!”
Trump was pointing to the other case Smith brought against him related to classified records. The case was tossed out by a federal judge in Florida who ruled that Smith was unlawfully appointed as special counsel.
The former president further blasted Democrats, saying they are “weaponizing the Justice Department against me because they I know I am WINNING, and they are desperate to prop up their failing candidate, Kamala Harris.”
Trump said the unsealing of the Smith filing, which he called the “latest ‘hit job,’” happened because his running mate, Sen. JD Vance “humiliated” Harris’ running mate Minnesota Gov. Tim Walz during Tuesday night’s vice presidential debate.
Trump said the Justice Department “has become nothing more than an extension of Joe’s, and now Kamala’s, campaign.”
“This is egregious PROSECUTORIAL MISCONDUCT, and should not have been released right before the Election,” Trump said. “The Democrat Party is turning America into a Third World Country that tries to censor, harass, and intimidate their Political Opponents. What they have done to our Justice System is one of the Great, All Time, Tragedies.”
The former president added that the Democrat Party “is guilty of the Worst Election Interference in American History.”
“They are trying to DESTROY OUR DEMOCRACY, allowing millions of people to enter our Country illegally. They are determined to stop us from winning back the White House, sealing the Border, and MAKING AMERICA GREAT AGAIN. BUT THEY WILL FAIL, AND WE WILL SAVE OUR NATION!” Trump posted.
Trump also blasted Smith as “deranged,” and said that he, the “Harris-Biden DOJ, and Washington, D.C. based Radical Left Democrats, are “HELL BENT on continuing to Weaponize the Justice Department in an attempt to cling to power.”
“‘TRUMP’ is dominating the Election cycle, leading in the Polls, and the Radical Democrats throughout the Deep State are totally ‘freaking out.’ This entire case is a Partisan, Unconstitutional, Witch Hunt, that should be dismissed, entirely, just like the Florida case was dismissed!” Trump said.
Trump’s comments came in response to Smith’s newly-unsealed filing, in which he alleges Trump “resorted to crimes to try to stay in office” after losing the 2020 presidential election.
“With private co-conspirators, the defendant launched a series of increasingly desperate plans to overturn the legitimate election results in seven states that he had lost — Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin,” Smith wrote.
“His efforts included lying to state officials in order to induce them to ignore true vote counts; manufacturing fraudulent electoral votes in the targeted states; attempting to enlist Vice President Michael R. Pence, in his role as President of the Senate, to obstruct Congress’s certification of the election by using the defendant’s fraudulent electoral votes; and when all else had failed, on January 6, 2021, directing an angry crowd of supporters to the United States Capitol to obstruct the congressional certification.”
Smith claims that the “throughline of these efforts was deceit,” claiming Trump and co-conspirators engaged in a conspiracy to interfere with the federal government function by which the nation collects and counts election results, which is set forth in the Constitution and the Electoral Count Act (ECA); a conspiracy to obstruct the official proceeding in which Congress certifies the legitimate results of the presidential election; and a conspiracy against the rights of millions of Americans to vote and have their votes counted.”
The Supreme Court earlier this year ruled that a president is immune from prosecution for official acts.
Smith was then required to file another indictment against Trump, revising the charges in an effort to navigate the ruling. The new indictment kept the prior criminal charges but narrowed and reframed allegations against Trump after the high court’s ruling that gave broad immunity to former presidents.
Trump pleaded not guilty to all charges in the as well.
Trump campaign spokesman Steven Cheung told Fox News Digital the release of the “falsehood-ridden, unconstitutional J6 brief immediately following Tim Walz’s disastrous debate performance is another obvious attempt by the Harris-Biden regime to undermine American Democracy and interfere in this election.”
“Deranged Jack Smith and Washington DC Radical Democrats are hell-bent on weaponizing the Justice Department in an attempt to cling to power,” Cheung said. “President Trump is dominating, and the Radical Democrats throughout the Deep State are freaking out.
“This entire case is a partisan, Unconstitutional Witch Hunt that should be dismissed entirely, together with ALL of the remaining Democrat hoaxes.”
Last month, Chutkan said she would not hold the trial for Trump on charges stemming from Smith’s Jan. 6 investigation until after the 2024 presidential election. She set deadlines for replies and paperwork from federal prosecutors and Trump’s legal team for Nov. 7 — after Election Day.
Fox News’ Jake Gibson contributed to this report.
Brooke Singman is a political correspondent and reporter for Fox News Digital, Fox News Channel and FOX Business.
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