WASHINGTON — Former President Donald Trump was “basically” appearing as a non-public candidate for workplace and never as president of america when he sought to overturn his 2020 election loss, particular counsel Jack Smith’s staff argued in a submitting Wednesday that exposed new particulars of the scheme on the coronary heart of Trump’s federal election interference case.

The submitting asserts that Trump knew that the claims he was spreading in regards to the 2020 election have been lies, with Smith’s staff arguing that Trump did not consider his personal falsehoods however as a substitute unfold them as a part of his broader scheme to remain in energy.

As officers have been being brutally assaulted on the U.S. Capitol on Jan. 6, 2021, Smith’s staff says, Trump was scrolling Twitter, in accordance with an evaluation by an FBI professional that’s among the many revelations within the new submitting. Smith’s staff says a future trial would characteristic testimony from the FBI forensic professional.

“The cellphone’s exercise logs present that the defendant was utilizing his cellphone, and specifically, utilizing the Twitter utility, constantly all through the day after he returned from the Ellipse speech,” Smith’s staff wrote.

The particular counsel’s workplace additionally argues for the inclusion of testimony from former Vice President Mike Pence, saying a few of Trump and Pence’s discussions weren’t of their official roles however somewhat have been discussions “of their personal capacities as operating mates.”

Smith’s staff mentioned Pence “progressively and gently tried to persuade the defendant to just accept the lawful outcomes of the election, even when it meant they misplaced.”

In a dialogue at lunch on Nov. 12 recounted within the submitting, Pence offered a “face-saving choice” for Trump, telling him “do not concede however acknowledge course of is over.”

The submitting additionally mentioned that when Trump was knowledgeable that Pence needed to be rushed to a safe location after Trump attacked him on Jan. 6 for refusing to assist overturn the election, he replied with two phrases: “So what?”

One other piece of proof Smith’s staff plans to introduce is testimony from an unnamed assistant to the president who overheard a comment Trump made to relations aboard Marine One after the 2020 election.

“It doesn’t matter in case you received or misplaced the election,” Trump allegedly mentioned. “You continue to need to struggle like hell.”

The submitting additionally elaborates on the Smith staff’s earlier declare {that a} member of Trump’s marketing campaign inspired rioting on the TCF Heart in Detroit, the place a pro-Trump mob tried to cease the counting of votes in what was America’s largest majority-Black metropolis on Nov. 4, 2020, the day after the election. “Make them riot,” an unnamed marketing campaign worker texted a colleague, in accordance with the submitting. “Do it!!!”

The submitting is a response to the Supreme Court docket ruling that Trump had immunity for some actions he took as president and that prosecutors couldn’t use his official acts of their case. Smith’s staff argued Trump “should stand trial for his personal crimes as would some other citizen,” and a federal grand jury returned a superseding indictment towards him in August adjusting Smith’s case to adjust to the Supreme Court docket’s order.

Trump “resorted to crimes to attempt to keep in workplace” after his loss, Smith’s staff wrote in Wednesday’s submitting, arguing that he launched “a collection of more and more determined plans to overturn the authentic election ends in seven states that he had misplaced—Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania, and Wisconsin.”

In his first public remarks after the submitting, Trump mentioned, “It is nothing new in there, by the best way, nothing new.”

“They rigged the election. I didn’t rig the election,” Trump mentioned in an interview with NewsNation. “They need to have by no means allowed the knowledge to be, to come back earlier than the general public. However they did that as a result of they need to harm you with the election. It’s pure election interference.”

Smith’s staff as soon as once more argued that Trump knew his falsehoods in regards to the 2020 election have been, in truth, lies and mentioned he relied upon his personal marketing campaign staff and volunteers, together with his marketing campaign supervisor, his deputy marketing campaign supervisor, his senior marketing campaign adviser and a marketing campaign operative to hold out the alleged scheme.

“Working with a staff of personal co-conspirators, the defendant acted as a candidate when he pursued a number of prison means to disrupt, by fraud and deceit, the federal government perform by which votes are collected and counted — a perform by which the defendant, as President, had no official position,” they wrote.

Trump, Smith’s staff mentioned, was knowledgeable that election evening outcomes may be deceptive as a result of it might take some time to rely mail-in ballots, which have been anticipated to be favorable to Joe Biden. Trump, Smith’s staff mentioned, declared to his advisers that he “would merely declare victory earlier than all of the ballots have been counted and a winner was projected” and publicly started laying the groundwork by telling his supporters he’d lose provided that there was fraud.

Trump and his co-conspirators had a “deliberate disregard for the reality,” and Smith’s staff mentioned it intends to show at trial that they engaged in a sample of deception and “made up figures from complete material,” together with the ever-changing variety of noncitizen voters Trump’s staff falsely claimed voted in Arizona.