Trump Knew Fraud Claims Were False, New Filing Alleges

Special Counsel Jack Smith’s latest legal filing against former President Donald Trump presents significant new allegations regarding Trump’s efforts to overturn the 2020 election results. Made public on Wednesday, the detailed filing reveals that Trump allegedly knew the claims of widespread voter fraud he was pushing were entirely false. The document outlines key aspects of the criminal case against Trump, including evidence not covered in the indictment, and addresses the Supreme Court’s ruling that grants Trump immunity from criminal charges for “official acts” he performed as president. Smith argues that Trump’s attempts to reverse the election results were made not as part of his official duties but as a political candidate and private citizen, thus voiding any immunity protections.

The most significant claim from the filing is that Trump was fully aware that the election fraud claims were baseless. The filing alleges that Trump was repeatedly informed by his aides that there was no evidence to support his allegations of widespread voter fraud. Despite this, Trump continued to promote the false claims. He even reportedly admitted to an aide that “the details don’t matter,” and he was overheard telling family members, “It doesn’t matter if you won or lost the election. You still have to fight like hell.”

Prosecutors allege that Trump and his allies fabricated fraud allegations “out of whole cloth.” The ex-president and his supporters are accused of frequently altering the number of allegedly fraudulent ballots. Notably, the document states that Trump did not believe the claims made by attorney Sidney Powell regarding voting machines changing votes. Trump allegedly ridiculed Powell during a phone call with aides, likening her claims to something out of “Star Trek.”

Another striking revelation is that Trump had planned to declare victory on election night before all the votes were counted. The filing includes a statement from a staffer who told supporters that Trump intended to falsely claim victory, regardless of the actual outcome. The staffer reportedly said, “That doesn’t mean he’s the winner, he’s just going to say he’s the winner… that’s our strategy.”

Smith’s filing also sheds light on the role of Rudy Giuliani, the former New York City mayor who led Trump’s post-election legal efforts. After firing his previous legal team for refusing to advance his fraud claims, Trump hired Giuliani, who prosecutors allege was willing to falsely declare victory and promote false allegations of election fraud. Trump allegedly told his staff that Giuliani would only be paid if his legal efforts were successful.

The relationship between Trump and then-Vice President Mike Pence is also scrutinized in the filing. Trump allegedly attempted to pressure Pence into refusing to certify the election results on January 6, 2021. When Pence refused, Trump grew angry, according to the document. The filing also reveals that when Trump was informed that Pence had been moved to a secure location during the January 6 Capitol attack—shortly after Trump tweeted that Pence lacked the “courage to do what should have been done”—the former president reportedly responded, “So what?”

The filing further alleges that Trump’s close allies did not believe the fraud claims they were promoting. White House Chief of Staff Mark Meadows is said to have sent messages stating that certain fraud allegations, such as those involving dead voters, were false, even though Trump’s campaign was pushing these claims in public. In one instance, Trump advisor Jason Miller allegedly expressed disbelief in the conspiracy theories they were pushing, reportedly saying, “It’s tough to own any of this when it’s all just conspiracy s–t beamed down from the mothership.” The filing also accuses former Republican National Committee Chair Ronna McDaniel of refusing to endorse specific fraud claims because they were “f–king nuts.”

A particularly damning allegation involves Trump campaign staffers during the vote count in Detroit. The filing alleges that staffers attempted to “sow confusion” by falsely claiming certain ballots were fraudulent. When one employee warned that such claims could incite violence, another staffer allegedly responded, “Make them riot.”

On the day of the January 6 attack, the filing claims Trump spent much of his time alone in the White House dining room, watching Fox News and scrolling through Twitter. The day before, Trump had reportedly called his advisor, Steve Bannon, who predicted on his podcast that “all hell is going to break loose” on January 6.

Trump has denied all charges against him in the federal election case and vehemently opposes Smith’s filing. The former president took to his social media platform, Truth Social, to condemn the filing as “PROSECUTORIAL MISCONDUCT.” He alleged that the document’s release was politically motivated and intended to distract from Governor Tim Walz’s performance at a recent vice-presidential debate. However, the document was made public by the court, not by prosecutors, and Trump’s legal team had already unsuccessfully tried to prevent its filing, dismissing it as a “180-page false hit piece” before even reading it.

Looking forward, more evidence is expected to surface in the coming weeks. An appendix to Smith’s filing, which includes fuller transcripts and additional evidence, remains under seal for the time being. Trump’s attorneys have until October 10 to respond to Smith’s proposed redactions, and U.S. District Judge Tanya Chutkan may soon decide whether to make the document public. Trump has requested an extension to file his response, asking for an additional five weeks, which would push the deadline past Election Day. Chutkan has not yet ruled on that request.

It is still uncertain how long the case will take to resolve. After Trump’s legal team submits its response, Judge Chutkan will determine which charges can proceed to trial in compliance with the Supreme Court’s ruling on Trump’s immunity. If any charges remain intact, Trump is expected to appeal, potentially dragging the case out for months or even years, with the possibility of it returning to the Supreme Court for further deliberation. The outcome of the case may also hinge on the 2024 presidential election—if Trump wins, he would likely appoint Justice Department officials who would drop the charges against him.

Trump currently faces four felony charges for conspiracy to defraud, obstruction, and conspiracy against rights, all related to his efforts to overturn the 2020 election. He has pleaded not guilty to all charges.