"These statements sowed mistrust in the results of the presidential election and laid the foundation for the defendant’s criminal efforts," Smith argues. "In addition to this intrinsic evidence of false statements about the election, the Government will offer evidence reflecting the defendant’s historical record of making such claims."
“The defendant’s false claims about the 2012 and 2016 elections are admissible because they demonstrate the defendant’s common plan of falsely blaming fraud for election results he does not like,” Smith writes, “as well as his motive, intent, and plan to obstruct the certification of the 2020 election results and illegitimately retain power.”
Smith cites a tweet written by Trump on Oct. 17, 2016, one week after the Washington Post published the damning “grab them by the p----” video experts believed at the time would torpedo his campaign.
“Of course there is large scale fraud happening on and before election day,” Trump wrote, according to the filing. “Why do Republican leaders deny what is going on? So naive!”
That same month, at a presidential debate moderated by Fox News’ Chris Wallace, Trump was asked if he would accept the election results. Smith seeks to submit Trump's response.
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“There is a tradition in this country — in fact, one of the prides of this country — is the peaceful transition of power and that no matter how hard-fought a campaign is, that at the end of the campaign the loser concedes to the winner,” Wallace said.
“Not saying that you’re necessarily going to be the loser or the winner, but that the loser concedes to the winner and that the country comes together in part for the good of the country. Are you saying you’re not prepared now to commit to that principle?”
“What I’m saying is that I will tell you at the time,” Trump replied. “I’ll keep you in suspense. OK?”
His opponent, former Secretary of State Hillary Clinton, was quick to chime in, the transcript shows.
“Let me respond to that, because that’s horrifying,” Clinton said. “You know, every time Donald thinks things are not going in his direction, he claims whatever it is, is rigged against him.”
Smith also plans to include voter fraud claims from 2012, when former President Barack Obama defeated his conservative challenger, Sen. Mitt Romney (R-UT), and a disturbing media interview in September 2020 when a journalist once again asked Trump if he would commit himself to the peaceful transition of power.
“Well, we’re going to have to see what happens,” Trump replied, according to the filing. “There won’t be a transfer, frankly; there’ll be a continuation. The ballots are out of control. You know it.”
Smith is leading the charge in two of four criminal cases against the former president in Washington D.C., where he stands accused of conspiring to defraud the U.S., and Florida, where Trump stands accused of corruptly concealing a document or record. He has pleaded not guilty in both cases.
In his Tuesday filing, the prosecutor argues Trump's election fraud comments prove motive and intent to overturn the election he lost to President Joe Biden.
“The defendant’s false claims about the 2012 and 2016 elections are admissible because they demonstrate the defendant’s common plan of falsely blaming fraud for election results he does not like,” Smith writes, “as well as his motive, intent, and plan to obstruct the certification of the 2020 election results and illegitimately retain power.”
