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Legal Analysis of Trump's Election Conduct
Oct 3, 2024
The Legal Breakdown: Discussion on Jack Smith's Filing Against Donald Trump
Overview
Judge Chutkan unsealed a 165-page motion filed by Jack Smith.
The motion will form the basis of a mini trial to determine what official conduct Trump can be prosecuted for.
Key Points from the Filing
Trump's Pre-Election Conduct
Trump told advisors to declare victory before all ballots were counted.
Seen as an early formation of a conspiracy to undermine election results.
Violence and Conspiracy
Trump campaign sought to foment violence at the TCF ballot processing center in Detroit.
Attempts were made to disrupt vote counting through "overt acts."
Role of Co-Conspirators
Actions and statements of co-conspirators can be attributed to Trump once a conspiracy is formed.
Mike Pence's Testimony
Pence told Trump there was no outcome-determinative fraud.
Pence's statements could be a critical piece of evidence showing Trump's awareness of false claims.
False Claims and Election Fraud
Evidence shows Trump and co-conspirators fabricated claims about non-citizens voting.
These efforts were part of a multi-pronged attack on the election.
Involvement of Other Political Figures
Mark Meadows and unnamed individuals exchanged texts confirming false claims.
A U.S. senator potentially involved in facilitating Trump's pressure on state officials.
77 Political Operatives
77 political operatives identified, possibly with criminal liability.
Ronna McDaniel's Incident
Trump involved Ronna McDaniel in efforts despite her refusal due to potential lobbying perceptions.
McDaniel's rejection and subsequent dethroning by Trump suggests retaliation.
Evidence Against Trump
Trump's conversations suggest he was aware of losing but continued to push false narratives.
Statements aboard Marine One signify criminal intent.
Legal Implications
Supreme Court Considerations
The Supreme Court's ruling on whether Trump's actions were official could set a precedent.
Concerns about the Court's loyalty to facts, law, and the Constitution.
Future Legal Proceedings
Appendix to the motion includes detailed evidence (grand jury transcripts, FBI write-ups).
Next hearing date to be set after October 10th.
Possible strategies include a hearing by proffer to avoid witness testimonies.
Conclusion
The case is likely to proceed with more indictments and revelations.
The outcome may hinge on interpretations of presidential acts versus personal/political acts.
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